Subject Index Evidence

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.

Judge who appeared on behalf of state in defendant’s prior prosecution erred by not recusing himself from proceeding; defendant entitled to Frye hearing where scientific evidence to be introduced against him

May
2003
Illinois Law Update
, Page 226
On February 21, 2003, the Appellate Court of Illinois, Third District, reversed the order of the Circuit Court of Iroquois County committing the defendant to the Department of Human Services for institutional care.

Admitting Other-Crimes Evidence: A Call for Change

By Brendan Max
March
2003
Article
, Page 132
When can; and should; evidence that the defendant committed other crimes be admitted to help establish guilt of the crime charged?

Should Criminal Defendants be Required to Produce Handwriting Exemplars?

By David G. Duggan
February
2003
Article
, Page 86
No, this author says.

Donaldson v CIPS: The Death Knell for Daubert in Illinois?

By Stephen A. Wood
January
2003
Article
, Page 26
In Donaldson, the Illinois Supreme Court embraced the Frye standard for admitting scientific evidence and passed on Daubert. Here's a review.

Using Polygraph Results to Decide “Good Faith Denial of Coverage” Cases

By James E. DeFranco
January
2003
Article
, Page 32
The author argues that polygraph results should not be admissible to establish whether an insurer did or didn't act in good faith.

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.

Spoliation actions must be joined with suit from which spoliation claim arises to avoid dismissal under res judicata and collateral estoppel

November
2002
Illinois Law Update
, Page 584
On August 23, 2002, the Appellate Court of Illinois, First District, concluded that the plaintiff's suit alleging spoliation of evidence was barred by the doctrines of res judicata and collateral estoppel.

Challenging DNA in Paternity Cases: Finding Weaknesses in an Evidentiary Goliath

By Carl W. Gilmore
September
2002
Article
, Page 472
Though it's difficult to overcome DNA evidence, the author urges you to mount a challenge when the circumstances warrant.

Using DNA Evidence to Overcome the Presumption of Paternity

By Ronda D. Taylor & Glen and Gene Carson Brucker
September
2002
Article
, Page 464
Subsection 7(b-5) of the Illinois Parentage Act allows a man adjudicated ''father'' to use genetic testing to show that he is not.

Boyd laid down the law on spoliation

By Helen W. Gunnarsson
July
2002
LawPulse
, Page 338
Want to learn the law governing destruction of evidence in Illinois? Start with this 1995 Illinois Supreme Court decision.

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.

Laying a Proper Foundation for Computer-Generated Demonstrative Evidence

By Adrienne W. Albrecht
May
2002
Article
, Page 261
How do you persuade the court to admit a computer simulation into evidence? A look at the developing law.

Correspondence from Our Readers

April
2002
Column
, Page 162
Must the author of a "certificate of merit" be disclosed?

Legislation permits sexual assault nurse examiners to perform examinations of sexual assault victims P.A. 92-514

March
2002
Illinois Law Update
, Page 120
Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).

It’s Time to Repeal Illinois’ Seat-Belt Gag Rule

By Richard B. Foster & Charles E. Harper
February
2002
Article
, Page 88
The authors recommend repeal of the law that prohibits admission of evidence of seat belt non-use.

Proponent of “novel scientific evidence” must demonstrate that the scientist’s methods are generally accepted in the profession and reliable before court may admit the evidence

December
2001
Illinois Law Update
, Page 624
On September 12, 2001, the Appellate Court of Illinois, Third District, held that before the trial court can admit "novel scientific testimony," the proponent of the evidence must prove the reliability and general acceptability of the scientist's methods.

Allowing Child Victims’ Hearsay under Section 115-10: A Critical Analysis

By Hon. Robert W. Cook & William Siebers
November
2001
Article
, Page 582
A critical look at the statute from a justice of the fourth district appellate court.

Follow-up to preservation of evidence legislation P.A. 92-459

October
2001
Illinois Law Update
, Page 516
When Gov. Ryan signed P.A. 91-871 (governing evidence retention) in June of 2000, he expressed concerns with a number of provisions in the law including overbroad application to all physical evidence, arbitrary time limits for retention of evidence and unclear guidelines for the court in granting requests for early disposition of evidence.

Correspondence from Our Readers

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

Expanded hearsay exception for victims of elder abuse ; P.A. 92-091

September
2001
Illinois Law Update
, Page 454
Gov. Ryan recently signed legislation expanding the hearsay exception for incapacitated seniors.

The Lawyer’s Journal

By Bonnie C. McGrath
September
2001
Column
, Page 450
Two years and time's up for legal malpractice; nightshift-assignment doesn't constitute sex discrimination; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
June
2001
Column
, Page 282
Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.

Goodbye to the “Same-Part-of-the-Body” Rule

By Saul Ferris
May
2001
Article
, Page 261
A post-mortem of the Voykin case, which abrogated the rule.

Illinois Supreme Court 2000: The Last Work of the Court as We Knew It

By Nancy J. Arnold & Tim Eaton
April
2001
Article
, Page 174
The last body of cases from a court that included Justices Bilandic, Heiple, Miller, and Rathje.

Requests to Admit; What Are “Ultimate Facts” and “Legal Conclusions”?

By Lora D. Kadlec
February
2001
Article
, Page 95
Distinguishing between "ultimate facts" and "legal conclusions" for requests to admit remains a difficult but important job.

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.

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.

Select a Different Subject