Subject Index Trial Practice and Procedure

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 & 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 & 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”?

Three flavors of federal e-filing

By Helen W. Gunnarsson
December
2007
LawPulse
, Page 622
Effective last month, all three federal district courts accept electronically filed complaints – but each has different procedures.

Rule 216 requests to admit: no more “gotcha” games

By Helen W. Gunnarsson
November
2007
LawPulse
, Page 570
With its Vision Point ruling, the Illinois Supreme Court gives trial courts the power to allow late or otherwise deficient answers to Rule 216 requests to admit.

Sanctioning Firms for Frivolous Filings

By Professor Jeffrey A. Parness
September
2007
Column
, Page 490
Courts should allow sanctions against firms for lawyers' misconduct.

An Update on Rule 213 Trial Witness Disclosure

By Daniel P. Wurl
September
2007
Article
, Page 464
A look at the evolution of the Rule 213 opinion-witness rule and the supreme and appellate court decisions interpreting it.

Voir Dire: New Research Challenges Old Assumptions

By Frank P. Andreano
September
2007
Article
, Page 474
Research shows that juror attitudes toward hot-button issues like tort reform are better predictors of bias than demographic factors.

A Higher bar for Class Action Litigation in Illinois

By Justin Lee Heather
July
2007
Article
, Page 356
A look at the Illinois Supreme Court's recent Avery and Gridley decisions and their dampening impact on class lawsuits.

Preserving the right to appeal an ambiguous ruling

By Helen W. Gunnarsson
July
2007
LawPulse
, Page 342
What can you do to preserve your client's right to appeal when the trial court issues an order of ambiguous finality? The Waddick case may provide some lessons.

“Sliding scale” approach rejected in contacts analysis of interactive Web site

July
2007
Illinois Law Update
, Page 348
On April 24, 2007, the Illinois Appellate Court, Fifth District, affirmed the order of the Circuit Court of St. Clair County dismissing the plaintiff's personal injury action for lack of personal jurisdiction. 

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