The newsletter of the ISBA’s Section on Civil Practice & Procedure
Browse articles by year: 2015 (27)
Newsletter articles from 2005
Can a plaintiff climb out of the pothole issue?
Many personal injury cases involve situations in which a defendant claims that they lost control of their motor vehicle due to the fact that they struck a pothole in the street.
Judicial notice revisited
Recently, I was involved in a trial where my opponent was attempting to have the court take judicial notice of a municipal ordinance.
Opinion witness disclosure under Supreme Court Rule 213
In 2002, Rule 213(f) underwent a dramatic change in the manner in which trial witnesses are disclosed. Prior to the amendment, parties were required merely to provide minimal information upon request of opposing counsel. Furthermore, Rule 213(f) typically applied to lay witnesses.
Pre-trial interest vs. pre-trial inflation
Absent statutory authority, pre-judgment interest is not recoverable in tort actions in Illinois. Cress v. Recreation Services, Inc., 341 Ill.App.3d 149, 795 N.E.2d 817 (2nd Dist. 2003), appeal denied, 206 Ill.2d 615.
State of mind
A perplexing evidentiary concept is that of a person's state of mind. Hearsay evidence is testimony given in court, either orally or in writing, of a statement made out of court offered to show the truth of the matter asserted in that statement.
Want to be like Mike? Not lately
It has been said that your past always comes back. For Michael Jordan, nothing could be more devastatingly true.