Publications

Articles on Evidence

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 and 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
Article
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.

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, and 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.

New Limits on Subject Matter Waiver of Attorney-Client Privilege

By Hon. Gino L. DiVito, Brian C. Haussmann, and 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.

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.

An aggravated DUI charge based on trace evidence of methamphetamine did not require the state to show that impairment was the proximate cause of the victims’ deaths

July
2011
Illinois Law Update
Page 336
An appellate court erred when it reversed the conviction of a man convicted at trial of driving under the influence (DUI) even though there was no evidence of a casual link between impairment caused by a trace amount of methamphetamine and a car accident that killed two people. (See LawPulse in the June IBJ for more about Martin.)

Character on Trial

By Hon. Ron Spears
February
2011
Column
Page 102
Judge Justice and his colleagues express their misgivings about character evidence.

No evidentiary limitations to statements of a minor in a temporary custody hearing

January
2011
Illinois Law Update
Page 16
On October 21, 2010, the Supreme Court of Illinois held that the evidentiary limitations of section 2-18(4)(c) of the Juvenile Court Act do not apply to the out-of-court statements of a minor in a temporary custody hearing, where such statements relate to allegations of abuse or neglect.

All Hail the Illinois Rules of Evidence

By Helen W. Gunnarsson
December
2010
Article
Page 620
On January 1, Illinois finally joins the vast majority of states by codifying its rules of evidence. Here are highlights of the new code.

Non-identical Twins: The Illinois and Federal Rules of Evidence

By Professor Jeffrey A. Parness
December
2010
Column
Page 642
Important differences between the two limit the persuasive power of federal precedents in Illinois.

At long last, the codified Illinois Rules of Evidence

By Helen W. Gunnarsson
November
2010
LawPulse
Page 558

Family law software: not exempt from the rules of evidence

By Helen W. Gunnarsson
August
2010
LawPulse
Page 394
Make sure you understand how support calculators work before relying on their results, and don't forget to lay a foundation for the report if you seek to enter it into evidence.

Pages

Select a Different Subject