Publications

Articles on Trial Practice and Procedure

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 and 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, and 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 and 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, and 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.

Federal standard time

By Helen W. Gunnarsson
February
2010
LawPulse
Page 66
New laws standardize the way time periods are calculated in federal court.

Iqbal: a “dangerous” tightening of federal pleading standards?

By Helen W. Gunnarsson
December
2009
LawPulse
Page 598
Critics of this game-changing Supreme Court ruling argue that it will deny a day in court to large numbers of deserving litigants.

Although a trial court’s failure to rule on a motion in limine may constitute an abuse of discretion, a harmless error will not overturn a ruling.

October
2009
Illinois Law Update
Page 496
On July 24, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, holding that the trial court did not err when it deferred ruling on the defendant’s motion in limine until after he testified.  

The right to a jury trial is not guaranteed in an action nonexistent at common law.

October
2009
Illinois Law Update
Page 496
On July 27, 2009, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Jackson County and remanded the case for a bench trial.

The Overlooked Art of Redirect Examination

By Jeffrey J. Kroll and Patrick White
August
2009
Article
Page 406
Redirect examination is a powerful weapon for litigators, but it can backfire on those who forget its central purpose - to rehabilitate witnesses.

Making evidence meaningful

By Helen W. Gunnarsson
June
2009
LawPulse
Page 278
A veteran lawyer and trial judge tells litigators how to present evidence in a way that engages and wins over jurors.

The importance of timely service

By Helen W. Gunnarsson
March
2009
LawPulse
Page 116
Thanks to an amendment to supreme court rule 103(b), plaintiffs who haven’t been otherwise diligent in moving a case along must be especially diligent in obtaining service.

Code of Civil Procedure amended. PA 095-0831

November
2008
Illinois Law Update
Page 554
The Illinois General Assembly has amended the Code of Civil Procedure by modifying several sections. 735 ILCS 5/3.

Trial-Practice Don’ts

By Matthew R. Crimmins
July
2008
Article
Page 360
Don't promise the jury more than you can deliver, don't make inflammatory arguments, and more "don'ts" for litigation.

Hudson: New Limits on a Plaintiff’s Right to Refile a Voluntarily Dismissed Case

By Ross B. Edwards
June
2008
Article
Page 294
A controversial new case from the Illinois Supreme Court bars the refiling of a voluntarily dismissed claim when a partially dispositive motion has been granted.

Residents Suing Nonresidents for Harm in Illinois

By Professor Jeffrey A. Parness
June
2008
Column
Page 318
Two recent appellate cases limit the power to sue nonresidents.

Are Civility and Zealous Advocacy Compatible?

By Hon. Ron Spears
May
2008
Column
Page 260
Reason can change minds when rudeness won't.

Is a motion a pleading?

By Helen W. Gunnarsson
May
2008
LawPulse
Page 230
No, answers a chicago lawyer, and because of that a motion attacking another motion is improper.

Hudson, voluntary dismissal, and res judicata

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
Before you voluntarily dismiss after any decision on the merits, read the Illinois Supreme Court's recent Hudson ruling.

Lessons from Jury Research

By Sara Parikh and Terrence Lavin
April
2008
Article
Page 190
Experience with mock juries challenges conventional wisdom about how jurors react to expert testimony and attorney performance.

Retooling the relation-back doctrine

By Helen W. Gunnarsson
April
2008
LawPulse
Page 174
The Illinois Supreme Court recently adopted the northern district's test for determining whether an amended complaint relates back to the original. 

Denial of forum non conveniens constitutes error

March
2008
Illinois Law Update
Page 124
On December 26, 2007, the Illinois Appellate Court, First District, reversed the judgment of the Circuit Court of Cook County denying the defendant's motion to dismiss based upon interstate forum non conveniens.

No in personam jurisdiction over Indiana clinic

March
2008
Illinois Law Update
Page 124
On December 28, 2007, the Illinois Appellate Court, First District, reversed the holding of the Circuit Court of Cook County denying the defendant's motion to dismiss for lack of in personam jurisdiction.

Refiled Claims: It’s Notice, Not Service

By Professor Jeffrey A. Parness
March
2008
Column
Page 152
Voluntary dismissals need only be noticed to defendants in the second suit.

Pleading in the Seventh Circuit after Bell Atlantic : “Fact,” “Notice,” or Otherwise?

By Nathan T. Kipp
February
2008
Article
Page 82
In Bell Atlantic, the U.S. Supreme Court announced a new federal pleading standard. But its impact on federal pleading practice in Illinois is unclear.

Time between voluntary dismissal and refiling does not affect reasonable diligence assessment

February
2008
Illinois Law Update
Page 72
On December 13, 2007, the Illinois Supreme Court reversed the judgment of the appellate court and the Circuit Court of Knox County, holding the passage of time between a plaintiff's voluntary dismissal and refiling is not included in considering the plaintiff's diligence under Supreme Court Rule 103(b). 

Attorney Mistakes, Client Losses: New Visions After Vision Point

By Professor Jeffrey A. Parness
December
2007
Column
Page 664
Courts should grant extensions for “good cause” failures to comply. So what’s “good cause”?

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