Subject Index Trial Practice and Procedure

What I Learned From Teaching Trial Advocacy: The Closing Argument

By Gino L. DiVito
February
2024
Article
, Page 36
Part Five of a five-part series.

What I Learned From Teaching Trial Advocacy: The Cross-Examination

By Gino L. DiVito
January
2024
Article
, Page 28
Part Four of a five-part series.

What I Learned From Teaching Trial Advocacy: The Direct Examination

By Gino L. DiVito
December
2023
Article
, Page 28
Part Three of our five-part series, which focuses on tips and pointers for direct examination.

What I Learned From Teaching Trial Advocacy

By Gino L. DiVito
November
2023
Article
, Page 28
Part Two of a five-part series. The essential elements of persuasion: What to do and how and why to do it.

Amended mandatory supervised release only applies to sentences passed after coming into effect

October
2023
Illinois Law Update
, Page 14
On July 12, 2023, the Third District of the Illinois Appellate Court held that an amended mandatory supervised release (MSR) term only applies to sentencing after it came into effect.

What I Learned From Teaching Trial Advocacy: Opening Statements and Storytelling

By Gino L. DiVito
October
2023
Article
, Page 28
Part One of a five-part series.

Trial Lessons From Comedians

By Benjamin R. Lawson
August
2023
Article
, Page 36
Comedians know how to persuade audiences by understanding expectations, alternating between comfort and discomfort, and maintaining honesty.
1 comment (Most recent August 7, 2023)

Your Witness, Their Client?

By Charles Golaszewski
July
2023
Article
, Page 24
Per se conflicts of interest when an attorney represents the defendant and has connections to a prosecution witness.

Bringing in the Experts

By Hon. James M. Varga
April
2023
Article
, Page 30
A trial judge offers an “authoritative text” on the admissibility of expert testimony at trial.

DUI charge properly dismissed on speedy-trial grounds when compulsory joinder required the additional charge be filed with original charges

March
2023
Illinois Law Update
, Page 20
On Dec. 6, 2022, the Fourth District of the Illinois Appellate Court held that knowledge of the possibility of a DUI charge at the commencement of prosecution required the charge’s compulsory joinder and the DUI charge was properly dismissed on speedy-trial grounds.

Courts of the Future

By Hon. Daniel B. Shanes
February
2023
Article
, Page 42
The Illinois Supreme Court recently enacted a new Rule 45, providing postpandemic procedures for remote and in-person court. When might Illinois judges require in-person or permit remote proceedings?

Proceeding Remotely

By Amelia Buragas
January
2023
LawPulse
, Page 10
Illinois Supreme Court adopts long-term policy for remote proceedings.

The Wi-Fi Witness

By Michael Adler
July
2022
Article
, Page 36
The ins-and-outs of using testimony from live witnesses via videoconferencing.

Trial court properly granted defendant’s demand for a speedy trial over defense counsel’s objection

June
2022
Illinois Law Update
, Page 16
On Mar. 29, 2022, the First District of the Illinois Appellate Court affirmed a judgment of the trial court granting the defendant’s request for a speedy trial over the defense counsel’s objection.

A Broken Kettle of Fish

By Jake Crabbs
April
2022
Article
, Page 36
If you’re not careful, pleading mutually exclusive alternative facts can result in damning judicial admissions, self-defeating claims, or seriously impaired credibility. 

How to Avoid Being Cancelled

February
2022
Article
, Page 13
Tips for dealing with motions to disqualify.

The Incomplete Impeachment Conundrum

By Arlo Walsman
September
2021
Article
, Page 28
The existing law surrounding incomplete impeachment and practical tips for lawyers when confronting witnesses with their prior inconsistent statements.

Trial judge improperly relied on his belief that police training gave the ability to identify a face seen from a distance

July
2021
Illinois Law Update
, Page 14
On April 26, 2021, the First District of the Illinois Appellate Court ruled a trial judge improperly relied on his belief of the effects of police training on the ability to identify a face from a distance.

Remote Jury Selection & Keeping the Doors of Justice Open

By Terry A. Mueller
June
2021
Article
, Page 28
Lessons learned from an attorney who participated in Illinois’ first remote civil jury trial.

8 Things Every Trial Lawyer Should Know

By Ed Finkel
April
2021
Cover Story
, Page 20
From jury selection to your closing argument, opportunities and traps abound.

Court may hold trial without defendant and defense counsel if they are voluntarily absent

December
2020
Illinois Law Update
, Page 16
On Sept. 28, 2020, the First District of the Illinois Appellate Court held that the trial court did not abuse its discretion in declining to hear a motion for continuance when the defendant and his attorney could have participated in the trial but chose not to.

Winter (Pretrial Reform) Is Coming

By Pete Sherman
May
2019
LawPulse
, Page 10
Illinois Supreme Court Commission on Pretrial Practices enters public-feedback phase.

Technology and the Trial Process: The 2013 Allerton Conference

By Jeffrey A. Parness
December
2013
Article
, Page 638
Social media use by lawyers and other technology topics were on the agenda of the 2013 Allerton Conference.

Using Juror Questions During Trial to Your Advantage

By Andrew W. Vail & Tiffany M. Cartwright
December
2013
Article
, Page 624
These tips from seasoned judges and attorneys can help you incorporate juror questioning into your trials.

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.

The Too-Expansive Illinois General Verdict Rule

By J. Timothy Eaton, Michael W. Rathsack, & Michael T. Reagan
March
2013
Article
, Page 142
More and more Illinois courts are upholding general verdicts if there is any error-free basis for doing so. They should do the opposite, these authors say.

Relation-back doctrine not limited by dramshop act’s statute of limitations

December
2011
Illinois Law Update
, Page 610
A plaintiff is allowed to correct the mistaken identity of a defendant in a suit to establish liability under the Dramshop Act when the relation-back factors of state law are satisfied, according to the Appellate Court for the Fourth District of Illinois.

What’s the Deadline for Removal to Federal Court in Multiple-Defendant Cases?

By Kurt D. Hadley
October
2010
Article
, Page 534
Assume a state-court case with multiple defendants who are served at different times - how do you calculate the deadline for removing it to federal court? Here's a look.

Substitution of Judge as of Right: When Is it Too Late?

By Marie C. Fahnert & Tracey Daniels
August
2010
Article
, Page 422
Substituting a judge as of right - even fairly well into your case - is easier than you might think, and easier in some appellate districts than others. Here's a review.

Controlling Case Expenses: Lawyers’ Duty to Clients

By Robert L. Fogel, Michael S. Young, & Katie M. King
May
2010
Article
, Page 244
A look at the trial lawyer's fiduciary and ethical responsibility to disclose, monitor, and control reimbursable case expenses incurred on behalf of clients.

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