Subject Index Evidence

Proposed rule would require prosecutors to reveal post-conviction exculpatory evidence

By Matthew Hector
September
2015
LawPulse
, Page 12
Under a proposed change to the Rules of Professional Conduct, Illinois prosecutors would have to disclose credible post-conviction evidence that a person found guilty is in fact innocent.

Missing Video Evidence in DUI Cases: The Post-Kladis Evolution

By Sean A. Brown
August
2015
Article
, Page 28
You file for discovery of the police video of your client's DUI arrest only to find that it was erased after you requested it. Will the court grant your motion to bar testimony about what was on it?

Police officer’s noncompliance with section 30(c) of the State Police Act does not warrant evidentiary exclusion

August
2015
Illinois Law Update
, Page 16
On June 5, 2015, the Second District of the Appellate Court held that a police officer's failure to comply with section 30(c) of the State Police Act does not trigger the evidentiary exclusion of the officer's testimony at trial.

Accountant holds accountant-client privilege, which is not subject to testamentary exception

June
2015
Illinois Law Update
, Page 16
On March 19, 2015, the Illinois Supreme Court held that the accountant-client privilege in the Public Accounting Act is held by the accountant and is not subject to the testamentary exception.

Illinois high court declines to create new evidentiary privilege

By Matthew Hector
May
2015
LawPulse
, Page 10
Creating a new critical-self-analysis privilege is the job of the legislature, not the judiciary, the Illinois Supreme Court rules recently.

Judicial Notice in the Internet Era

By Daniel Myerson
May
2015
Article
, Page 30
The Internet has made vast amounts of information available, and judicial notice can put it into the record - within limits.

No Surprises: Basics of Controlled Expert Witness Disclosure

By Tiffany Riggs & Tim Hammersmith
May
2015
Article
, Page 40
No matter how convincing your experts, their testimony may be for naught if you fail to make timely and appropriate disclosure of their identity under Rule 213(f)(3).

The Provisional Admission of Parol Evidence?

By Aaron T. Dozeman
May
2015
Article
, Page 34
The four corners rule bars admission of parol evidence to interpret contracts unless they're ambiguous. But in rare cases, the provisional admission approach might allow such evidence.

Flawed Facts and Fact-Finders

By Hon. Ron Spears
February
2015
Column
, Page 44
More judges are being asked to allow expert testimony about eyewitness ID and confessions.

What Research Shows About Hearsay Evidence

By Caroline Ackerman & Shawna Boothe
January
2015
Article
, Page 36
It turns out that jurors are more skeptical of hearsay than many lawyers and judges think.

When Criminal Evidence Goes Missing

By Colby G. Hathaway
October
2014
Article
, Page 490
What happens when police destroy evidence or prosecutors don't disclose it? This article explains when defendants can claim due process violations and seek discovery sanctions.

Using a Police Report to Help Prove Your Civil Case

By James P. Looby
August
2014
Article
, Page 390
Under the right circumstances, you can help prove or defend your civil case by using the investigating police officer's report as a past recollection recorded.

Building Your Case with Social Media Evidence

By Ed Finkel
June
2014
Cover Story
, Page 276
Can you get the other side's damaging Facebook posts into evidence? How do you make sure they don't vanish? Here's a look at emerging principles and best practices.

Choosing an Economist for Your Personal Injury Case

By Scott Gilbert
May
2014
Article
, Page 232
How can you tell whether economist-experts' damages estimates will help or hurt your case? You'll find important clues by looking at how they make a few key calculations.
2 comments (Most recent May 15, 2014)

Police can search handcuffed arrestee’s luggage, high court rules

By Janan Hanna
April
2014
LawPulse
, Page 162
The Illinois Supreme Court rules that police can search an arrestee's luggage after he was handcuffed on a civil warrant for failure to pay child support.

Silence as Self-Incrimination after Salinas v. Texas

By Robin B. Murphy
April
2014
Article
, Page 184
After Salinas, non-custodial suspects must expressly invoke the right to remain silent, or silence can be held against them. But in Illinois, state law provides some evidentiary protection.

Definitely Maybe: Understanding Expert Testimony on Causation

By Eugene G. Doherty
October
2013
Article
, Page 518
An expert can testify with "reasonable certainty" that the defendant's negligence "might" have caused the plaintiff's injury. Lawyers should understand the difference between these concepts.

Electronic Medical Records: Metadata As Evidence in Litigation

By James G. Meyer, Jonathan P. Tomes, & Lee Neubecker
August
2013
Article
, Page 422
Unlike paper files, electronic medical records contain autogenerated metadata that can make or break a case. Here's what to look for.

Facebook: What Family Lawyers Should Know

By Adam C. Kibort
July
2013
Article
, Page 344
A look at Facebook-related issues that arise during divorce and suggestions for advising your clients.
1 comment (Most recent June 25, 2013)

New Limits on Subject Matter Waiver of Attorney-Client Privilege

By Hon. Gino L. DiVito, Brian C. Haussmann, & John M. Fitzgerald
July
2013
Article
, Page 348
Illinois Rule of Evidence 502 and the Center Partners decision mean fewer business discussions fall outside attorney-client privilege.

A Guide to the Confrontation Clause

By Geoffrey Burkhart
June
2013
Article
, Page 304
When does the Sixth Amendment require prosecutors to produce a live witness rather than an out-of-court statement against a defendant? Here's a look at the latest developments.

SCOTUS rules warrantless dog-sniff search of home unconstitutional

By Adam W. Lasker
May
2013
LawPulse
, Page 222
Unlike an earlier decision this term that allowed dog-sniff evidence from a traffic stop, Jardines holds that the dog-sniff search of a front porch requires a warrant.

Admissibility of Dog-Sniff Evidence: Evaluating Probable Cause after Florida v. Harris

By David J. Robinson
April
2013
Article
, Page 194
In Harris, the U.S. Supreme Court held that dog-sniff evidence can be admissible even if prosecutors do not lay a detailed foundation that the dog is well trained.

Developments in the Duty to Preserve Evidence

By Professor Jeffrey A. Parness
March
2013
Column
, Page 152
Two recent cases shed light on spoliation claims in Illinois.

A Primer on Medical Records as Evidence

By Brion Doherty
February
2013
Article
, Page 82
Knowing how and when medical records are admissible in a p.i. trial means understanding the business records hearsay exception.

Tips for Authenticating Social Media Evidence

By Nicholas O. McCann
September
2012
Article
, Page 482
Illinois practitioners should prepare to meet strict authentication requirements until clear rules are established. Here's a look at the cases and advice about how to proceed.

Missing Video Evidence in DUI Cases after People v. Kladis

By Thomas Kantas
May
2012
Article
, Page 250
In Kladis, the Illinois Supreme Court ruled that the state commits a discovery violation if it loses or destroy video evidence in a misdemeanor DUI case. Here's a look at this and related cases.
2 comments (Most recent May 2, 2012)

Offers to pay medical expenses excluded for purposes of showing liability

May
2012
Illinois Law Update
, Page 240
A defendant's offer to pay a plaintiff's medical expenses is inadmissible when offered to prove the defendant's liability for the plaintiff's injuries. According to an Illinois Appellate Court ruling on March 5, 2012, the Illinois Code of Civil Procedure and the more recent adoption of the Illinois Rules of Evidence block the aforementioned evidence.

Hot Button Civil Evidence Issues: The 2011 Allerton Conference

By Jeffrey A. Parness
December
2011
Article
, Page 632
This year's Allerton Conference focused on electronic evidence, spoliation, and other important topics not squarely addressed by Illinois' recent evidence-rules codification.

The bloody truth about DUI testing

By Helen W. Gunnarsson
October
2011
LawPulse
, Page 490
Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.

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