Publications

Articles on Trial Practice and Procedure

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. 

Intrastate Forum Non Conveniens in Illinois: Post-Langenhorst Confusion

By Rob Shumaker
June
2007
Article
Page 300
The Illinois Supreme Court's most recent intrastate forum non conveniens ruling only adds to the confusion, this author opines.

eDiscovery: A New Approach to Discovery in Federal and State Court

By Scott A. Carlson and Ronald L. Lipinski
April
2007
Article
Page 184
Changes in technology have altered the way lawyers deal with evidence. The electronic-discovery amendments to the federal rules reflect these changes.

Asked and Answered

March
2007
Column
Page 154
When and how do you file a motion?

E-Discovery in Illinois Civil Actions

By Professor Jeffrey A. Parness
March
2007
Column
Page 150
Wholesale adoption of federal discovery rules by Illinois State courts may be unwise.

When Does a Postjudgment Motion Toll the Deadline for Appeal?

By Leon I. Finkel and Bradley A. Silva
March
2007
Article
Page 142
It's a huge mistake to think that every motion after final judgment tolls the deadline for filing an appeal. Here's a review of the statutory and case law.

Opening Statements: Soup for the Jury’s Soul

By Hon. Ron Spears
February
2007
Column
Page 102
A good opening statement will shape jurors' perception of the case.

Asked and Answered

January
2007
Column
Page 50
What are the rules for serving notice?

Correspondence from Our Readers

January
2007
Column
Page 6
Don't be afraid to substitute judges.

Cross-examination and impeachment techniques for DUI defense attorneys

By Helen W. Gunnarsson
December
2006
LawPulse
Page 642
You can gather plenty of evidence even without the benefit of discovery, a pair of leading DUI defense attorneys say.

Cross-Examination: Beyond the Perry Mason Moment

By Helen W. Gunnarsson
December
2006
Article
Page 654
Though you shouldn't count on a surprise case-winning confession, there's a lot you can do to improve your performance on cross.

How to Admit E-Mail and Web Pages into Evidence

By Theodore J. Koerth and Christopher E. Paetsch
December
2006
Article
Page 674
The emerging legal standards.

Admissibility of Damage Photos Without an Expert in Illinois

By Hon. William J. Haddad
November
2006
Article
Page 606
Admission of damage photos may no longer be automatic, this author opines.

Reforming the Civil Jury System in Illinois: The 2006 Allerton Conference

By Jeffrey A. Parness
November
2006
Article
Page 608
Should jurors be given instructions at the start of civil trials? Should they be more free to ask questions? Find out what the Allerton conferees think.

Substitution of Judges: Proceed with Caution

By Helen W. Gunnarsson
November
2006
Article
Page 590
Lawyers and judges speculate about whether and when moving for substitution is really the right move.

Strict compliance versus “substantial justice”

By Helen W. Gunnarsson
October
2006
LawPulse
Page 518
In deciding whether to give a party extra time to respond to a request to admit, can a court consider the other party's failure to comply with another rule? The first district says "yes." 

Correspondence from Our Readers

August
2006
Column
Page 394
Nothing beats voir dire for learning about jurors; What is a rule of thumb?

Expanding the Use of Medical Treatises in Illinois Trials

By Terrence J. Lavin and Michelle L. Wolf
August
2006
Article
Page 426
The authors argue that following the federal approach would produce a better-informed jury.

Suing Defendants Who Later Declare Bankruptcy: Vacating a Dismissal for Want of Prosecution

By Anna-Katrina S. Christakis and Jeffrey D. Pilgrim
August
2006
Article
Page 432
When a plaintiff's action is dismissed for want of prosecution while the defendant's bankruptcy is pending and the automatic stay is in place, the plaintiff can seek to have the dismissal vacated.

Appointed Attorneys for Indigent Civil Litigants in Federal Court: the Illinois Experience

By John Rearden Jr.
July
2006
Article
Page 369
A look at how Illinois-based federal district courts appoint counsel for indigent civil litigants, including standby counsel for pro se claimants.

Dismissal for Lack of Diligence in Serving Process: The Failure of Rule 103(b)

By Chester A. Lizak
July
2006
Article
Page 372
The rule should not allow dismissal of the plaintiff's case if he or she serves the defendant before the statute of limitations has run, this author says.

Correspondence from Our Readers

June
2006
Column
Page 274
Settlement conference judges; parents aren't "visitors."

Defendants have high bar to overcome plaintiff’s choice of venue

May
2006
Illinois Law Update
Page 230
On March 2, 2006, the Illinois Supreme Court affirmed the decision of the fifth district appellate court, denying the defendants' motion to transfer venue from St. Clair County to Clinton County.

Pages

Select a Different Subject