Enforcing a federal judgment in Illinois
The process of initiating formal collection efforts may be unfamiliar to some attorneys. This article provides guidance on how to begin the process.
Is hearsay a pleading objection?
The procedure of objecting to a statement of fact in a pleading on the grounds of inadmissible hearsay is neither appropriate nor sanctioned by Illinois law.
Pleadings under the Probate Code: A simple design
The Probate Act sets forth the pleading requirements for a claim against an estate. Unfortunately, the Act is silent on the pleading requirements for a counterclaim or an affirmative defense.
Say goodbye to boilerplate objections and responses to discovery requests
For many attorneys and law firms it is standard practice to object to most, if not all, discovery requests with the boilerplate language that a request is overly broad or unduly burdensome. This practice necessitates more meet and confer conferences and motions to compel resulting additional costs to litigate. The 2015 amendments to Rule 34 were intended to curtail this type of practice. However, up until recently judges have been dillydallying in enforcing the new rule.
Social media as evidence?
Although the information on individual posts on social media may be used as evidence, applying evidentiary rules to social media information can be daunting. The social media information – now known as electronically stored information (ESI) – must pass the same evidentiary hurdles as any tangible document, with some additional obstacles.
Stipulation versus guilty plea: Are both admissions?
It is likely that most defendants who stipulate to the underlying facts rather than pleading guilty do so on the advice of counsel, and specifically with the intention of avoiding an admission which might be used against them in a civil case. But really … can it be that easy?
Survival of claims—Renunciation of wills
What happens if the surviving spouse dies before a renunciation is filed? Can the executor of the surviving spouse file a renunciation of the will during the seven-month period? The answer appears to be “no."
Uncertainties when only principals are sued for the acts of agents
The court in Yarbrough said that generally a claimant need not join an agent when suing a principal. Yet lawyers in civil cases alleging vicarious liability of a principal must proceed with caution regarding nonjoinder of the agent as sometimes there will operate a res judicata defense.