Illinois Bar Journal

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Articles on Evidence

Spoliation actions must be joined with suit from which spoliation claim arises to avoid dismissal under res judicata and collateral estoppel November 2002 Illinois Law Update, Page 584 On August 23, 2002, the Appellate Court of Illinois, First District, concluded that the plaintiff's suit alleging spoliation of evidence was barred by the doctrines of res judicata and collateral estoppel.
Challenging DNA in Paternity Cases: Finding Weaknesses in an Evidentiary Goliath By Carl W. Gilmore September 2002 Article, Page 472 Though it's difficult to overcome DNA evidence, the author urges you to mount a challenge when the circumstances warrant.
Using DNA Evidence to Overcome the Presumption of Paternity By Ronda D. Taylor and Glen and Gene Carson Brucker September 2002 Article, Page 464 Subsection 7(b-5) of the Illinois Parentage Act allows a man adjudicated ''father'' to use genetic testing to show that he is not.
Boyd laid down the law on spoliation By Helen W. Gunnarsson July 2002 LawPulse, Page 338 Want to learn the law governing destruction of evidence in Illinois? Start with this 1995 Illinois Supreme Court decision.
Court need not examine both the reliability of the methodology used and its general acceptance to conduct a proper Frye analysis for admissibility of novel scientific evidence May 2002 Illinois Law Update, Page 232 On February 22, 2002, the Illinois Supreme Court affirmed the appellate court and held that a verdict in favor of plaintiffs and against a utility for toxic poisoning from exposure to coal tar resulting in children suffering from neuroblastoma was not subject to reversal.
Laying a Proper Foundation for Computer-Generated Demonstrative Evidence By Adrienne W. Albrecht May 2002 Article, Page 261 How do you persuade the court to admit a computer simulation into evidence? A look at the developing law.
Correspondence from Our Readers April 2002 Column, Page 162 Must the author of a "certificate of merit" be disclosed?
Legislation permits sexual assault nurse examiners to perform examinations of sexual assault victims P.A. 92-514 March 2002 Illinois Law Update, Page 120 Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).
It’s Time to Repeal Illinois’ Seat-Belt Gag Rule By Richard B. Foster and Charles E. Harper February 2002 Article, Page 88 The authors recommend repeal of the law that prohibits admission of evidence of seat belt non-use.
Proponent of “novel scientific evidence” must demonstrate that the scientist’s methods are generally accepted in the profession and reliable before court may admit the evidence December 2001 Illinois Law Update, Page 624 On September 12, 2001, the Appellate Court of Illinois, Third District, held that before the trial court can admit "novel scientific testimony," the proponent of the evidence must prove the reliability and general acceptability of the scientist's methods.
Allowing Child Victims’ Hearsay under Section 115-10: A Critical Analysis By Hon. Robert W. Cook and Edward C. Snow November 2001 Article, Page 582 A critical look at the statute from a justice of the fourth district appellate court.
Follow-up to preservation of evidence legislation P.A. 92-459 October 2001 Illinois Law Update, Page 516 When Gov. Ryan signed P.A. 91-871 (governing evidence retention) in June of 2000, he expressed concerns with a number of provisions in the law including overbroad application to all physical evidence, arbitrary time limits for retention of evidence and unclear guidelines for the court in granting requests for early disposition of evidence.
Correspondence from Our Readers September 2001 Column, Page 446 In defense of the common fund doctrine.
Expanded hearsay exception for victims of elder abuse ; P.A. 92-091 September 2001 Illinois Law Update, Page 454 Gov. Ryan recently signed legislation expanding the hearsay exception for incapacitated seniors.
The Lawyer’s Journal By Bonnie C. McGrath September 2001 Column, Page 450 Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.
The Lawyer’s Journal By Bonnie C. McGrath June 2001 Column, Page 282 Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.
Goodbye to the “Same-Part-of-the-Body” Rule By Saul Ferris May 2001 Article, Page 261 A post-mortem of the Voykin case, which abrogated the rule.
Illinois Supreme Court 2000: The Last Work of the Court as We Knew It By Nancy J. Arnold and Tim Eaton April 2001 Article, Page 174 The last body of cases from a court that included Justices Bilandic, Heiple, Miller, and Rathje.
Requests to Admit; What Are “Ultimate Facts” and “Legal Conclusions”? By Lora D. Kadlec February 2001 Article, Page 95 Distinguishing between "ultimate facts" and "legal conclusions" for requests to admit remains a difficult but important job.
Rule 213(g): The “Solution” to Rule 220 Creates New Problems By Hon. Barbara A. McDonald February 2001 Article, Page 80 Last month's IBJ focused on the practical implications of Rule 213(g); this month's article undertakes a thorough analysis and offers recommendations for improvement.
The Dos and Don’ts of Rule 213 Opinion Witness Discovery By Daniel P. Wurl January 2001 Article, Page 22 Guidelines for conducting opinion witness discovery in Illinois.
An Introduction to Opinion Testimony Disclosures in Illinois By Richard L. Miller, II January 2001 Article, Page 18 An overview of Rule 213(f) and (g) and the cases interpreting them.
Retained Experts’ Opinions in Medical Malpractice Cases By Terrence J. Lavin January 2001 Article, Page 39 Rule 213 pointers for med-mal lawyers.
Expert Testimony About Psychological Syndromes: How Far Can an Expert Go? By Steven J. Sturm and Rebecca N. Poulson December 2000 Article, Page 704 How far can psychological experts go in bolstering witness credibility? The authors review the law in Illinois.
New hearsay exception for “safe zone testimony” ; P.A. 91-899 December 2000 Illinois Law Update, Page 690 Under a recent change to the Illinois Code of Criminal Procedure, certain hearsay evidence will soon be admissible in some circumstances.
The Lawyer’s Journal By Bonnie C. McGrath November 2000 Column, Page 620 A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.
Protecting Evidence of Self-Critical Analysis From Discovery in Illinois By Michelle R. Mosby-Scott and Michael Todd Scott November 2000 Article, Page 648 A review of self-critical-analysis privilege under federal and state law.
Trial court did not abuse its discretion in allowing deposition testimony of plaintiff’s doctor taken 25 months prior to trial regarding plaintiff’s prognosis November 2000 Illinois Law Update, Page 624 On September 21, 2000, the Supreme Court of Illinois affirmed the appellate court's decision that it was not error for the trial court to have admitted deposition testimony regarding the plaintiff's prognosis when the testimony was given 25 months prior to trial.
The Lawyer’s Journal By Bonnie C. McGrath October 2000 Column, Page 560 The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.
Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888 October 2000 Illinois Law Update, Page 563 Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.