Section Newsletters

Articles on Witnesses

Direct examination of adverse witnesses: Use of leading questions in state and federal courts By Zoe Brumfield-Meyers & Brian LaCien Tort Law, March 2018 Current Illinois law lags behind the federal approach to calling witnesses adversely and allowing leading questions on direct examination. As the federal law has expanded to include witnesses “identified with an adverse party,” including close friends, and former and current employees, Illinois still restricts this practice to as “the officers, directors, managing agents or foreman of any party.”
Seven mistakes expert witnesses make By Thomas M. McCauley Civil Practice and Procedure, August 2013 In determining the facts in their areas of expertise, expert witnesses must guard against making the following seven mistakes.
Supreme Court allows juror questioning of witnesses: New Supreme Court Rule 243 By Mark Rouleau Civil Practice and Procedure, April 2012 The Illinois Supreme Court has adopted a new rule, S.C.R. 243, which takes effect July 1, 2012.
The Rule 30(B)(6) witness deposition—A primer By Stanley N. Wasser Federal Civil Practice, September 2011 An helpful explanation of Federal Rule of Civil Procedure 30(b)(6).  
Supreme Court Rule 213(f)—Witness interrogatories By Ross S. Levey Family Law, December 2009 As divorce practitioners, we sometimes gloss over the requirements of the Code of Civil Procedure and the Supreme Court Rules.
Time is of the essence, or is it? By John B. Kincaid Civil Practice and Procedure, October 2009 Two recent Rule 23 Orders decided by separate panels of the Second District Appellate Court appear to conflict as to whether a court can limit the cross-examination of a witness or the submission of evidence which supports the litigant’s case.
Obtaining deposition testimony from witnesses abroad: A primer for Illinois lawyers By Timothy J. Chorvat & Jill M. Hutchison Civil Practice and Procedure, June 2009 In seeking discovery from non-parties who are located outside the United States, the greatest limitations an attorney is likely to face will be restrictions imposed by the jurisdiction in which the deponent is located.
Practice Tip – Improving Skills: Your Witness (2008) By J.A. Sebastian Bench and Bar, December 2008 On December 5, 2008, the Bench & Bar Section Council will present a Trial Practice and Advocacy – Getting it Right, at the ISBA Chicago Regional Office located at 20 South Clark, 9th Floor. Members of the Section are entitled to a $10 discount for each CLE sponsored by the Section – a significant benefit of section membership.
The unwanted: Dead witnesses, The Dead Man’s Act and the Frauds Act By Patrick M. Kinnally Civil Practice and Procedure, February 2008 Although we do not like to acknowledge it, mortality will call someday. Oftentimes, we ignore what we should heed most. The making of a will or trust is scheduled for next week.
General principles of trial witness disclosure under Supreme Court Rule 213 By Daniel P. Wurl Tort Law, January 2008 This article will focus on general principles of Rule 213 trial witness disclosure, testimony at trial, and appellate review as set forth in appellate court cases that have been decided in the last five years since the Supreme Court made major modifications to Rule 213 in 2002.
Opinion witness disclosure under Supreme Court Rule 213 By Russell W. Hartigan Civil Practice and Procedure, April 2005 In 2002, Rule 213(f) underwent a dramatic change in the manner in which trial witnesses are disclosed. Prior to the amendment, parties were required merely to provide minimal information upon request of opposing counsel. Furthermore, Rule 213(f) typically applied to lay witnesses.
A few tools for working with witnesses By Patrick M. Kinnally Young Lawyers Division, December 2004 I have been taking statements and depositions from people since 1975. First, it was in the context of working for a federal agency where sworn statements were used in enforcement proceedings before a federal administrative law judge.
Witnesses, statements and depositions By Patrick M. Kinnally Civil Practice and Procedure, September 2003 I have been taking statements and depositions from people since 1975. First, it was in the context of working for a federal agency where sworn statements were used in enforcement proceedings before a federal administrative law judge.
Limitations on witness interviews By Robert T. Park Civil Practice and Procedure, January 2003 In the course of preparing a case, an attorney or paralegal may need to talk to potential witnesses to learn what information, favorable or adverse, may be elicited at trial.

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