Publications

Articles on Trial Practice and Procedure

In Defense of Bulger v CTA

By Anthony Longo
May
2006
Article
Page 254
A defense lawyer applauds the Bulger court's finding that evidence of subsequent remedial measures is inadmissible

Playing the Rule 68 card

By Helen W. Gunnarsson
May
2006
LawPulse
Page 222
FRCP 68 can encourage settlement, but it also confronts counsel for plaintiffs and defendants with some high-stakes challenges. 

Making the Most of Settlement Conferences

By Helen W. Gunnarsson
April
2006
Article
Page 178
Judges and lawyers discuss how to avoid costly mistakes and best promote your clients' interests in judge-conducted settlement conferences.

Confronting Judge-Imposed Time Limits on Voir Dire

By Rodney R. Nordstrom
March
2006
Article
Page 142
Here's how to make the most of the time you've granted for voir dire, no matter how limited.

Correspondence from Our Readers

March
2006
Column
Page 106
Court reporting: alive and well

Making an Electronic Record: Good Reviews for Digital Recording

By Helen W. Gunnarsson
February
2006
Article
Page 72
Several courthouses, notably DuPage County's, have implemented digital recording of courtroom proceedings. Is stenography a thing of the past?

Must trial judges grant special favors to pro se litigants?

By Helen W. Gunnarsson
February
2006
LawPulse
Page 62
Judges often cut pro se litigants a lot of slack. 

The New Illinois Standard for Admissibility of Expert Opinion Testimony

By Justin Lee Heather
February
2006
Article
Page 88
The court in Simons created a dual standard: de novo review of the Frye "general acceptance" test, more deferential treatment of the trial court's decision about relevance and experts' qualifications.

Rule 222 -the high cost of noncompliance

By Helen W. Gunnarsson
February
2006
LawPulse
Page 62
Plaintiffs who fail to heed the disclosure rule, which governs specified cases implicating $50,000 or less in damages, face the extinguishment of their claim. 

Gridley v State Farm: a supreme-court slap at forum shopping?

By Helen W. Gunnarsson
January
2006
LawPulse
Page 10
Some defense lobbyists say "yes"; a leading plaintiffs' lawyer says it shows there's no forum-shopping problem in Illinois.

Review of venue-transfer motions: the supreme court speaks

By Helen W. Gunnarsson
December
2005
LawPulse
Page 614
Trial courts deserve deference on questions of fact but not law, the high court ruled.

TROs: A Guide to Winning Emergency Relief in Illinois

By Richard L. Miller II
October
2005
Article
Page 530
A step-by-step guide to seeking temporary restraining orders and preliminary injunctions.

A plaintiff may not base a motion for summary judgment on issues not contained in the pleadings

September
2005
Illinois Law Update
Page 446
On June 30, 2005, the Illinois Appellate Court, First District, reversed the Circuit Court of Cook County's decision granting the plaintiff summary judgment in a lease termination dispute.

A plaintiff must object to a witness at the time the witness is to testify, in order to preserve that objection for appeal

September
2005
Illinois Law Update
Page 446
On June 28, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County denying the plaintiffs' motion to bar the defendant's expert witness from testifying at trial. 

Standing on Shaky Ground

By James E. Pfander
September
2005
Column
Page 480
While the Illinois Supreme Court's most recent qui tam case is a victory for plaintiffs, it further clouds standing doctrine.

Admission of Facts in Discovery: Avoiding the Rule 216 Trap

By John J. Hynes
August
2005
Article
Page 402
Failure to comply with discovery requests can lead to dire consequences. Find out what's at stake and what to do about it.

A moving experience

By Helen W. Gunnarsson
August
2005
LawPulse
Page 382
Did you know you can schedule your opponent's motion for hearing if he doesn't?

Rule changes allow compulsory appearance by notice at pretrial hearings

By Helen W. Gunnarsson
August
2005
LawPulse
Page 382
Amended Supreme Court Rule 237 allows parties to compel appearances by serving a witness with simple notice, even at pretrial or expedited hearings.

A plaintiff must establish a prima facie basis for exercising long-arm jurisdiction over a non-resident corporation

July
2005
Illinois Law Update
Page 336
On April 13, 2005, the Illinois Appellate Court, Fifth District, reversed the Circuit Court of Lawrence County's decision finding personal jurisdiction over a successor non-resident defendant corporation. 

Spoliation of Evidence: Responding to Fire Scene Destruction

By Gerald O. Sweeney Jr. and P. Russell Perdew
July
2005
Article
Page 358
A look at the discovery, motion practice, and trial techniques defendants can use in response to destruction of a fire scene.

Adding Insult to Overseas Injury: A Failure of the Forum Non Doctrine

By James E. Pfander
June
2005
Column
Page 314
Under current doctrine, foreign mass-tort plaintiffs are often left with little or nothing.

Getting the Most from Medical Witness Treaters and Experts: A Trial Lawyer’s Guide

By Terrence J. Lavin
May
2005
Article
Page 246
How to find and use physicians and other medical witnesses.

Motions to dismiss will be treated the same, as long as there’s no prejudice to the plaintiff

April
2005
Illinois Law Update
Page 170
On January 31, 2005, the Illinois Appellate Court, First District, affirmed in part and reversed in part the Circuit Court of Cook County's decision granting the defendants' Code of Civil Procedure section 2-619(a)(9) motion to dismiss the complaint.

New IPI instructions are free on the Web

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
Sign up with the supreme court to get notice every time a new IPI instruction is made available.

Disclosure of Government Documents: The Deliberative-Process Exemption

By Paul N. Keller
March
2005
Article
Page 140
Documents considered by a public body in formulating policy decisions are often exempt from disclosure under federal and state law.

Waiver of Privilege for Documents Inadvertently Disclosed During Discovery

By Andrew N. Plasz
March
2005
Article
Page 126
How do Illinois courts respond when a party claims that an inadvertently produced document is still privileged? Here's a review of the cases

Tee Ball and Trial Advocacy

By Hon. Ron Spears
February
2005
Column
Page 92
All you really need to know about trial practice you learned in tee ball.

Trial court did not abuse its discretion in ordering defendant to walk in front of the jury to demonstrate a possible limp

January
2005
Illinois Law Update
Page 14
On November 12, 2004, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Champaign County, which required the defendant to walk in front of the jury to show whether he had a limp when he walked. 

Correspondence from Our Readers

December
2004
Column
Page 610
Voluntary-dismissal abuse; small estate affidavits.

Judicial Ping-Pong

By James E. Pfander
December
2004
Column
Page 652
A new law allows more discrimination claims against the state.

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