Publications

Articles on Evidence

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 William Siebers
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.

Evidence Practice Guides

By James E. Duggan
September
2000
Column
Page 543
Illinois lawyers are fortunate to have several good sources for guidance on evidence law. Here are thumbnail sketches of the leading treatises and practice guides.

Governor signs new law mandating the preservation of evidence, withholds authority to exercise amendatory veto P.A. 91-871

September
2000
Illinois Law Update
Page 500
The 91st General Assembly has taken a second major step toward ensuring criminal justice by requiring that physical evidence used to convict criminals be preserved for DNA and other testing in post-trial proceedings.

Statute permitting medical records to be given to law enforcement officials investigating motor vehicle accident deemed constitutional

September
2000
Illinois Law Update
Page 500
On July 6, 2000, the Supreme Court of Illinois reversed the circuit court's finding that section 11-501.4-1 ("the section") of the Illinois Motor Vehicle Code is unconstitutional and violated the defendant's right to privacy of his medical records.

Supreme court rejects “same part of the body rule” and holds that defendants must present evidence establishing relevance of plaintiff’s prior injury

September
2000
Illinois Law Update
Page 500
On July 6, 2000, the Illinois Supreme Court affirmed the appellate court's ruling that a defendant who wishes to introduce evidence of a prior injury, whether or not the injury is to the same body part, must introduce evidence establishing the prior injury's relevance.

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