Publications

Articles on Witnesses

Trial court may not tax as costs the professional fee charged by nonparty treating physician for attendance at evidence deposition

July
2003
Illinois Law Update
Page 332
On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.

Adverse Examination of Former Employees in Illinois

By Jeffrey K. Kroll and J. Ryan Potts
June
2003
Article
Page 300
Illinois plaintiffs should be allowed to treat former employees of corporate defendants as adverse witnesses, these authors argue.

The Art of Direct Examination

By Terrence J. Lavin
June
2003
Article
Page 305
A trial lawyer's guide to effectively examining experts and plaintiffs.

Retaliatory discharge protection extends to employees testifying in other employees’ workers’ compensation actions; scope of employment approach proper test for hearsay

June
2003
Illinois Law Update
Page 280
On March 25, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting summary judgment for the defendant corporation.

Expert testimony on airbag sensor system admissible if supported by proper foundation

November
2002
Illinois Law Update
Page 584
On July 29, 2002, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Woodford County in this product liability case.

Defending the Deposition

By Maureen B. Collins
July
2002
Column
Page 379
Your job is to protect deponents from the undue influence of an overzealous opposing counsel; and from their own confusion and intimidation.

Court need not examine both the reliability of the methodology used and its general acceptance to conduct a proper Frye analysis for admissibility of novel scientific evidence

May
2002
Illinois Law Update
Page 232
On February 22, 2002, the Illinois Supreme Court affirmed the appellate court and held that a verdict in favor of plaintiffs and against a utility for toxic poisoning from exposure to coal tar resulting in children suffering from neuroblastoma was not subject to reversal.

Preparing to Take a Deposition

By Maureen B. Collins
May
2002
Column
Page 269
The first of three articles addressing the skills you need to take and defend a deposition.

Rule 213 changes take effect July 1

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Litigators from both the plaintiffs' and defense bar like the amended rule's new three-class system for opinion witnesses: lay, independent expert, and controlled expert.

A New, Improved Rule 213?

By Helen W. Gunnarsson
February
2002
LawPulse
Page 62
Rule 213, introduced a few years ago to solve problems caused by old Rule 220, is causing problems of its own. The Supreme Court Rules Committee has proposed another fix for the rule governing admission of opinion testimony.

Can we talk (to the other side’s employees)?

By Helen W. Gunnarsson
January
2002
LawPulse
Page 10
If you're suing a company that's represented by counsel, when can you talk directly to its employees?

Correspondence from Our Readers

January
2002
Column
Page 6
Those clients from hell.

Expert Communication

By Marianne Ley Hayek
December
2001
Column
Page 661
How do you help your expert communicate more effectively? By communicating more effectively to your expert.

Discussing docs and deps

By Helen W. Gunnarsson
October
2001
LawPulse
Page 510
Members of an ISBA online discussion group warm to the subject of whether doctors charge too much for deposition fees.

Failure to give jury instruction on witness believability was an abuse of discretion when a police officer testified to material facts omitted from his written report

October
2001
Illinois Law Update
Page 516
On August 16, 2001, the Appellate Court of Illinois, Second District, held that the trial court abused its discretion when it refused to accept the defendant's requested jury instruction on witness believability.

Correspondence from Our Readers

September
2001
Column
Page 446
In defense of the common fund doctrine.

Defendant not required to pay costs of evidence deposition for physician who was unavailable to testify at trial or witness fees for medical professionals

August
2001
Illinois Law Update
Page 398
On June 8, 2001, the Appellate Court of Illinois, Second District, reversed an award of certain costs against the defendant, Robert P. McMillan.

Mental-Health Professionals in Child-Custody Cases: Giving “Expert” Testimony Its Due

By H. Joseph Gitlin
July
2001
Article
Page 350
The testimony of mental-health professionals is often not scientific evidence, this author says.

Correspondence from Our Readers

May
2001
Column
Page 222
The meaning of Phar-Mor    

Correspondence from Our Readers

April
2001
Column
Page 162
Helping property taxpayers with reductions: not necessarily UPL?

Correspondence from Our Readers

March
2001
Column
Page 110
Rule 213 not the answer.

New proposal to protect children who testify; S.B. 0027

March
2001
Illinois Law Update
Page 116
Under current Illinois law, courts may permit children under 18 who are witnesses in certain criminal prosecutions like sexual assault, predatory sexual assault of a child, and sexual abuse to testify via closed-circuit television outside the courtroom if the judge determines that in-court testimony would result in the child suffering serious emotional distress.

Rule 213(g): The “Solution” to Rule 220 Creates New Problems

By Hon. Barbara A. McDonald
February
2001
Article
Page 80
Last month's IBJ focused on the practical implications of Rule 213(g); this month's article undertakes a thorough analysis and offers recommendations for improvement.

Child-witness exception to right to confrontation at trial does not include denial of ability to observe the witness

January
2001
Illinois Law Update
Page 14
On November 22, 2000, the Supreme Court of Illinois affirmed the appellate court's finding that a defendant was denied his constitutional right to confrontation during his trial when the trial court allowed the use of podiums to prevent a child witness and the defendant from seeing each other as the witness testified about an alleged sexual attack.

The Dos and Don’ts of Rule 213 Opinion Witness Discovery

By Daniel P. Wurl
January
2001
Article
Page 22
Guidelines for conducting opinion witness discovery in Illinois.

An Introduction to Opinion Testimony Disclosures in Illinois

By Richard L. Miller II
January
2001
Article
Page 18
An overview of Rule 213(f) and (g) and the cases interpreting them.

Retained Experts’ Opinions in Medical Malpractice Cases

By Terrence J. Lavin
January
2001
Article
Page 39
Rule 213 pointers for med-mal lawyers.

Expert Testimony About Psychological Syndromes: How Far Can an Expert Go?

By Steven J. Sturm and Rebecca N. Poulson
December
2000
Article
Page 704
How far can psychological experts go in bolstering witness credibility? The authors review the law in Illinois.

Expert Testimony and Valuing Goodwill at Divorce

By Michael W. Kalcheim
November
2000
Article
Page 652
Find out when and how personal goodwill should be valued at divorce, and how to present and cross-examine experts.

Trial court did not abuse its discretion in allowing deposition testimony of plaintiff’s doctor taken 25 months prior to trial regarding plaintiff’s prognosis

November
2000
Illinois Law Update
Page 624
On September 21, 2000, the Supreme Court of Illinois affirmed the appellate court's decision that it was not error for the trial court to have admitted deposition testimony regarding the plaintiff's prognosis when the testimony was given 25 months prior to trial.

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