Civil Practice CLE is visiting New OrleansBy Michael P. McCuskeyMarch 2007Yes, we are going to New Orleans. Let the good times roll when the Civil Practice Section Council presents a CLE program on trial practice in New Orleans on Friday, May 4, and Saturday, May 5.
Court reinforces prohibition against using deceased party’s discovery deposition as trial evidenceBy Kathryn R. HoyingOctober 2007In the matter of Longstreet v. Cottrell, Inc., 374 Ill.App.3d 549, 871 N.E.2d 72 (5th Dist. 2007), the appellate court reconciled Illinois Supreme Court Rules 212(a)(3) and 212(a)(5), and affirmed the trial court’s order barring the use of a deceased plaintiff’s discovery deposition as evidence at trial. Plaintiffs, a truck driver and his wife, filed suit for bodily injury and loss of consortium allegedly suffered in connection with the husband’s employment.
Do motions in limine preserve error?By Robert T. ParkFebruary 2007Anticipating key evidentiary issues in an upcoming trial, you file a motion in limine to exclude certain harmful evidence.
E-discovery now, not later—New Federal Rules of Civil ProcedureBy Michael J. HansonFebruary 2007When the new amendments to the Federal Rules of Civil Procedure went into effect December 1, 2006, life got tougher for some attorneys who scrupulously avoid dealing with electronic data issues. A not uncommon approach has been to defer dealing with issues related to the discovery of electronically stored information (ESI) until later in the case, hoping that later will become never.
The “empty chair” defense at trialBy Steven G. PietrickJanuary 2007It is common for defense attorneys to speak of pointing to an “empty chair” at trial in order to shift the responsibility from their client to another entity which is not a party in the case.
IPI notes and comments: Dicta or Law?By Susan M. BrazasJanuary 2007Many trial attorneys can attest to the uphill battle faced by anyone proposing departure from IPI, the Illinois Pattern Jury Instructions.
Legislation: Medical and Legal RecordsSeptember 2007Public Act 478 and PA 95-480 amend 735 ILCS 5/8-802, 8-2001, 8-2005, and 8-2006 of the Code of Civil Procedure affecting medical or legal records: (1) Allows charging for the actual postage or shipping charge of the records; (2) Clarifies that records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for calculating charges under this statute.
The mailbox rule does not apply to refiling of a voluntarily dismissed complaintBy Kimberly L. DahlenDecember 2007In Wilson v. Brant, 374 Ill.App.3d 306, 869 N.E.2d 818 (1st Dist. 2007), a unanimous First District Appellate Court determined that the mailbox rule does not apply to the commencement of any action, specifically in this case, where a plaintiff refiled a complaint after taking a voluntary dismissal.
MCLE credit and newsletter authorsOctober 2007According to Rule 795(d)(7) of the Supreme Court of Illinois’ Minimum Continuing Legal Education Rules, authors who write “law-related articles in responsible legal journals or other legal sources” can get MCLE credit.
MCLE credit and newsletter authorsSeptember 2007According to Rule 795(d)(7) of the Supreme Court of Illinois’ Minimum Continuing Legal Education Rules, authors who write “law-related articles in responsible legal journals or other legal sources” can get MCLE credit.
MCLE credit and newsletter authorsAugust 2007According to Rule 795(d)(7) of the Supreme Court of Illinois’ Minimum Continuing Legal Education Rules, authors who write “law-related articles in responsible legal journals or other legal sources” can get MCLE credit.
Pay[ment] attention: a lesson in avoiding unintended accord and satisfactionBy J. Matthew PfeifferMay 2007A fairly recent decision from the First District of the Appellate Court of Illinois will likely have corporate office managers, accounts receivable employees, and the like, double-checking each payment and correspondence received from their customers to make sure the fate that met the plaintiff in MKL Pre-Press Electronics/MKL Computer Media Supplies, Inc. v. La Crosse Litho Supply, LLC, 361 Ill.App.3d 872, 840 N.E.2d 687 (1st Dist. 2005), does not befall them.