Publications

Articles on Evidence

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.

The Case for Making Pre-Impact Fear Compensable in Survival Actions

By Jeffrey J. Kroll
August
2000
Article
Page 462
The author argues that Illinois should follow other states and make pre-impact fear compensable.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

The Quandary Facing Deponents Who Err at Deposition

By Robert S. Minetz
May
2000
Article
Page 276
The Supreme Court Rules should allow deponents who err during depositions to correct their testimony on the errata sheets, this author argues.

An Illinois Litigator’s Guide to Finding and Using Experts

By Terrence J. Lavin, John L. Nisivaco, and Martin A. Dolan
March
2000
Article
Page 168
Experts: should you find one and how?

The Lawyer’s Journal

By Bonnie C. McGrath
March
2000
Column
Page 124
Public defenders and legal malpractice; lawyers can commit UPL; and more.

Life after Daubert and Kumho Tire: An Update on Admissibility of Expert Testimony

By Joseph G. Feehan
March
2000
Article
Page 134
What influence have these important U.S. Supreme Court opinions had on Illinois law?

Summary Suspension Hearings: Shifting the Burden of Proof to the State

By J. Brick Van Der Snick
March
2000
Article
Page 156
How to establish a prima facie case in a DUI rescission hearing and thus oblige the state to justify the suspension.

Unanswered Questions After Kumho Tire

By Joseph F. Madonia and Ian J. McPheron
March
2000
Article
Page 139
Another view of Kumho Tire and the new uncertainty about admitting experts.

The Lawyer’s Journal

By Bonnie McGrath
January
2000
Column
Page 10
Losing the right to a jury trial — is it malpractice?

A plaintiff must introduce at least some evidence of the defendant’s payroll records to show that the defendant is an “employer” for purposes of a Title VII claim

January
2000
Illinois Law Update
Page 16
On November 15, 1999, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s grant of the defendant’s motion for judgment as a matter of law since the plaintiff, Tina Mizwicki, failed to set forth sufficient evide evidence to show that the defendant was an “employer” for purposes of Title VII.

Correspondence from Our Readers

December
1999
Column
Page 626
Discovery and computer data.

Correspondence from Our Readers

October
1999
Column
Page 510
No "apportion[ment] between preexisting conditions and a defendant's wrongful act''?

How to Produce Computer Data in Discovery

By Todd H. Flaming
October
1999
Column
Page 555
Requests to produce computer data are increasingly common; here's a primer on how to comply.

A Hospital “Shall” Disclose Blood Alcohol Concentration Test Results to Police; PA 91-125

September
1999
Illinois Law Update
Page 460
If blood or urine tests to determine the presence of alcohol or drugs are ``conducted upon persons receiving medical treatment in a hospital emergency room for injuries resulting from a motor vehicle accident,'' PA 91-125 mandates disclosure of the results to police upon request.

The Lawyer’s Journal

By Bonnie McGrath
September
1999
Column
Page 454
"Same part of the body'' rule update.

The Lawyer’s Journal

By Bonnie McGrath
August
1999
Column
Page 402
Breach of fiduciary duty: A new application

“Same Part of the Body Rule” Revised: Admissibility of Prior Injuries in PI Cases

By Hon. Barbara A. McDonald
August
1999
Article
Page 414
A critical look at recent cases modifying the rule that allows admission of prior injuries to the same part of the plaintiff's body.

Exclusion of Damage-Reducing Evidence in Injury Litigation

By Roy C. Dripps
July
1999
Article
Page 368
Here's how to exclude evidence that would tend to lessen damages if admitted.

The Lawyer’s Journal

By Bonnie McGrath
July
1999
Column
Page 348
Different rulings on the same-part-of-the-body rule.

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

Rediscovering the Truth: Requests for Admissions Are Not Discovery

By Edward S. Margolis
April
1999
Article
Page 214
A pair of recent Illinois Supreme Court decisions have given practitioners a powerful tool for narrowing issues of fact.

Resolving Contract Ambiguity: Parol Evidence Versus the Rules of Contract Construction

By Andrew R. Schwartz and Matthew R. Henderson
April
1999
Article
Page 204
The authors argue that courts should entertain parol evidence only as a last resort.

Correspondence from Our Readers

March
1999
Column
Page 122
Workers' comp; allow penalties for meritless claims

The Lawyer’s Journal

By Bonnie McGrath
March
1999
Column
Page 126
The "Frye plus reliability'' standard.

Genetic Justice: A Lawyer’s Guide to the Science of DNA Testing

By Charles M. Strom
January
1999
Article
Page 18
A description of the various DNA testing techniques and how they apply to determining identity and parentage.

Evidence of Prior Misconduct—When Is It Admissible in a Criminal Case?

By Steven A. Greenberg
December
1998
Column
Page 694
Here's an overview of state and federal law governing the admission of evidence of prior misconduct.

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