Section Newsletters

Articles on Civil Practice

Discovery and the Fifth Amendment By Robert T. Park Civil Practice and Procedure, April 2002 The Self-Incrimination Clause of the Fifth Amendment to the U.S. Constitution says: "No person ... shall be compelled in any criminal case to be a witness against himself."
Discovery practicum: intertwine inquiries By William J. Borah Civil Practice and Procedure, April 2002 Illinois' litigation discovery process intertwines a myriad of strategic measures of inquiry designed to pluck evidence from the other party.
Navqi v. Rossiello: an IRS malpractice trap for the unwary practitioner By Richard L. Turner Civil Practice and Procedure, February 2002 The appellate court recently determined that an attorney and law firm representing an employee who successfully recovered damages for retaliatory discharge may be pursued for malpractice in failing to properly advise the client of the taxability of the proceeds from the settlement, despite a somewhat unsettled legal climate concerning the taxability of such proceeds at the time the advice was rendered
Negligent infliction of emotional distress in Illinois—Rickey v. CTA revisited By John B. Kincaid Civil Practice and Procedure, February 2002 In the 18 years since Rickey v. Chicago Transit Authority was decided by the Illinois Supreme Court, recovery for emotional distress due to negligence has undergone some significant evolution.
Soto restates the law governing opinion testimony as to permanency of injury By Robert Handley Civil Practice and Procedure, November 2001 A recent decision from the Second Appellate District has reexamined the criteria a trial court should consider in deciding whether a physician may render an opinion on the issue of the permanency of a plaintiff's injuries.
Editor’s note Civil Practice and Procedure, September 2001 The editors apologize for having failed to identify the authors of the following articles in the June 2001 edition of Trial Briefs:
Expert? I don’t need no stinking expert! Lay opinion testimony Civil Practice and Procedure, June 2001 The prohibition against opinion testimony by lay witnesses on ultimate issues has been relaxed.
The use of requests for admission of fact in proving a litigant’s case: what are the limits? Civil Practice and Procedure, April 2001 Illinois Supreme Court Rule 216 allows a party to request another party to admit to "the truth of any specified relevant fact set forth in the request."
Summary of amendments to the Federal Rules of Civil Procedure effective as of December 1, 2000 By Joseph G. Bisceglia Civil Practice and Procedure, March 2001 Certain amendments to the Federal Rules of Civil Procedure went into effect on December 1, 2000.
Costs: an imbroglio for trial courts and practitioners By Patrick M. Kinnally Civil Practice and Procedure, October 2000 What constitutes an allowable "cost" is not subject to any bright line test. In large part, this uncertainty stems from Illinois cost statutes that do not say what "costs" are recoverable.
Plaintiff’s pre-existing conditions irrelevant absent medical proof causation By John M. Burke Civil Practice and Procedure, October 2000 Under Illinois law when a plaintiff is injured, he or she must show by a reasonable degree of medical certainty that the injury complained of was caused by the accident.
Liability in diving cases: rarely open and obvious By Dennis H. Stefanowicz Civil Practice and Procedure, September 2000 People involved in diving accidents are usually seriously injured and all face a difficult legal battle.
Substitution of judges as a matter of right under 735 ILCS 5/2-1001(a)2): when is the right absolute? By Richard L. Turner Civil Practice and Procedure, September 2000 When considering action to substitute a judge in a civil proceeding, lawyers must frequently consider the timing of motions to secure substitution as a matter of right.
Collegiality creates civility By Roger W. Eichmeier Civil Practice and Procedure, August 2000 Beginning in the mid 1990's a Code of Courtroom Civility was proposed for the purpose of making lawyers engaged in litigation more courteous and respectful toward one another.
The deliberative process evidentiary privilege (Civil Practice Committee 1/5/00) By John B. Kincaid Civil Practice and Procedure, August 2000 In People Ex. Rel. Birkett v. City of Chicago, the City raised a "deliberative process privilege" to prevent the disclosure of future plans to improve and enlarge the O'Hare Field facility.
Rule 213 opinion witness case update By Daniel P. Wurl Civil Practice and Procedure, May 2000 The Illinois Supreme court recently passed on its first opportunity to provide some guidance as to the scope of Rule 213(g), which mandates the disclosure of the identity of opinion witnesses and their opinion testimony.
Recent decisions—punitive damages By Joseph G. Bisceglia & Rudy Kratz Civil Practice and Procedure, March 2000 The recovery of punitive (or exemplary) damages--indeed, the mere threat of punitive damages--can radically alter the landscape of a civil dispute.
Deposition practice: A primer and refresher course By Joseph G. Bisceglia Civil Practice and Procedure, November 1999 Mr. Bisceglia gratefully acknowledges the assistance of his associate, Sarah H. Koleno, in editing this article
Civil practice update By Patrick J. Hitpas General Practice, Solo, and Small Firm, October 1999 The Illinois Supreme Court has held that the amendment to the Illinois Nursing Home Care Act which repealed the Act's treble damages provision, and limited recovery for violations of the Act to actual damages, costs, and attorney fees, is to be applied retroactively.
Professional conduct issues affecting civil practice By Steven G. Pietrick Civil Practice and Procedure, September 1999 Editors' Note: The Board of Governors of the ISBA has asked that all section councils and committees discuss ethical concerns relating to the work of those groups.
Malicious prosecution—How has Cult Awareness Network v. Church of Scientology International affected the plaintiff’s burden of bringing a claim under Illinois law? By Kimberly A. Frost & Michael J. Frost Civil Practice and Procedure, June 1999 Actions for malicious prosecution have historically been regarded as inhibiting free access to the courts.
What is inadvertence? By Steven R. McMannon Civil Practice and Procedure, May 1999 735 ILCS 5/2-616(d) bars suit against anyone not named in the suit before the statute of limitations expires, unless, inter alia, the failure to join the party as a defendant was "inadvertent."
The art of obstruction: Responding to discovery and pleadings, and the role of the ARDC By William J. Borah Civil Practice and Procedure, February 1999 In line with modern computer nomenclature, the term "virtual reality" could be considered an oxymoron.
The Power of the truth: An honest attorney’s guide to winning jury trials in a dishonest world* By Stephen D. Easton Civil Practice and Procedure, February 1999 They do not like us. The term "they," of course, includes everybody but us. They also do not trust us.
Pretrial change of venue abrogated in Morgan v. Dickstein (5th District), 686 N.E.2d 56, cert. denied, 690 N.E.2d 1382 By Roger M. Scrivner Civil Practice and Procedure, February 1999 (a) A change of venue in any civil action may be had when the court determines that any party may not receive a fair trial in the court in which the action is pending because the inhabitants of the county are prejudiced against the party, or his or her attorney, or the adverse party has an undue influence over the minds of the inhabitants.

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