Section Newsletters

Articles on Evidence

Workplace discrimination: A primer on gathering evidence By Peter LaSorsa Human and Civil Rights, October 2010 A look at what types of evidence may exist in workplace discrimination cases and how best to obtain that evidence.
Letter to young lawyers—Basic tips and presentation of evidence By Hon. E. Kenneth Wright, Jr. Young Lawyers Division, August 2010 Judge E. Kenneth Wright, Jr. offers some words of wisdom to help new attorneys in their practice.
How good is your e-mail evidence ?…RPost® Registered E-Mail® gives you the courtroom edge! By Alan Pearlman Law Office Management and Economics, Standing Committee on, June 2010 Save yourself time and worry-- RPost provides you a registered receipt for each e-mail you send.
People of the State of Illinois v. Samuel McPeak, No. 2080572: There must be evidence of the presence of cannabis in the blood, breath, or urine to be found guilty of a DUI based on 11-501(a)(6) By Ava George Stewart Traffic Laws and Courts, June 2010 This decision seems to put the brakes on the statute’s requirement of “any amount of drugs” in the body being sufficient to convict for a DUI.
Two recent Seventh Circuit decisions discuss the adequacy of evidence regarding receipt of notice in administrative proceedings By Andrew Creighton Administrative Law, December 2009 Laouini v. CLM Freight Lines, Inc. and Dakaj v. Holder
Making evidence meaningful By Hon. Barbara Crowder Civil Practice and Procedure, May 2009 Some suggestions and observations to make evidence more meaningful.
Costs of taking evidence deposition of out-of-state physician properly awarded By John E. Thies Civil Practice and Procedure, April 2009 In Peltier v. Collins, a unanimous Second District panel held that the trial court properly awarded the costs of the court reporter and videographer incurred by plaintiffs in obtaining the evidence deposition of an out-of-state physician. 
How good is your e-mail evidence ?…RPost® Registered E-Mail® gives you the courtroom edge! By Alan Pearlman Law Office Management and Economics, Standing Committee on, February 2009 As most attorneys will tell you, an e-mail is a discoverable document that is legal evidence, to be used at any trial and for any discoverable purpose.
Supreme Court creates special panel on Illinois evidence By Joseph Tybor Bench and Bar, February 2009 The Illinois Supreme Court has formed a Special Committee on Illinois Evidence with the aim of codifying existing evidentiary law so that it is available in a single source.
Fifth District grants new trial on damages when jury’s verdict is inconsistent with the evidence By Stephen C. Buser Civil Practice and Procedure, December 2007 Illinois law provides that a trial court may order a new trial if the damages are manifestly inadequate and a proven element of damages was ignored.
Use of literature at trial: “Authoritative” is not the only magic word By Scott D. Lane Tort Law, March 2007 Presently, literature such as treatises, journals, and articles are inadmissible as substantive evidence in Illinois courts. Basically, literature can be used for two purposes.
Independent research on scientific issues by judges must be carefully weighed and considered By Hon. George D. Marlow Bench and Bar, February 2007 Since relevant science can, often conclusively, resolve a case or controversy, society has a profound interest in having its judges welcome reliable scientific evidence with open arms and an open mind.
Suppression of evidence is not a remedy for violating the VCCR By Jason Gunnell International and Immigration Law, November 2006 Sanchez-Llamas v. Oregon: Suppression of the evidence is not an appropriate remedy when state authorities violate Article 36 of the Vienna Convention on Consular Relations
Preserving medical evidence and testimony for trial By Belle Lind Gordon Family Law, October 2006 The rules of evidence in the State of Illinois apply equally to medical malpractice cases, personal injury cases, workman’s compensation cases, and domestic relations cases.
Judicial Observation: Caution on the Relaxed Rules of Evidence By Hon. Michael J. Chmiel Child Law, September 2006 The Juvenile Court Act of 1987, 705 ILCS 405/1-1 et seq. [hereinafter Act], is unique among the acts of the Illinois General Assembly in ways other than just those pertaining to substance – the treatment of juveniles.
New reality, New responsibility: Technology & demonstrative evidence in the courtroom By Albert E. Durkin Tort Law, December 2005 Because technology is now everywhere—we as lawyers have the responsibility to make sure that “everywhere” includes courtrooms.
Coming to a courtroom near you—Evidence-based practices By Thomas Riggs Child Law, November 2005 In the fall of 2003, Illinois was chosen as one of the two states nationwide to launch a project entitled “Implementing Effective Correctional Management of Offenders in the Community.”
Judicial notice revisited By Patrick M. Kinnally Civil Practice and Procedure, September 2005 Recently, I was involved in a trial where my opponent was attempting to have the court take judicial notice of a municipal ordinance.
State of mind By John M. Stalmack Civil Practice and Procedure, September 2005 A perplexing evidentiary concept is that of a person's state of mind. Hearsay evidence is testimony given in court, either orally or in writing, of a statement made out of court offered to show the truth of the matter asserted in that statement.
Authenticating e-mail for purposes of laying an evidentiary foundation By Adrienne W. Albrecht Legal Technology, Standing Committee on, July 2005 Increasingly, modern correspondence is conducted, not with pen and paper, but through e-mail. That raises some difficult evidentiary questions.
Supreme Court Rule 216 offers a potential method to recover the expense of an evidence deposition after the Vicencio decision By Michael J. Marovich Civil Practice and Procedure, November 2004 In preparing for trial, I have seen plaintiff's attorneys send to defense counsel requests to admit facts that seek admissions regarding the causal connection of medical treatment and the reasonableness of the medical bills in an effort to avoid the expense of taking evidence depositions of doctors or medical records personnel.
Edited surveillance videotape of plaintiff ruled inadmissible By Michael J. Marovich Civil Practice and Procedure, October 2004 It is often a plaintiff attorney's nightmare to learn that the defendant or his insurance carrier has videotaped the plaintiff and has caught him or her doing activities that they claimed they were not capable of doing.
People v. Lomas, 812 N.E.2d 39 (5th Dist. 2004) By Michael Kiley Bench and Bar, October 2004 In this case, the court found the defendant’s detention impermissibly exceeded the scope of the initial stop and was an illegal detention.
Negligent spoliation of evidence By Gina M. Arquilla Young Lawyers Division, December 2003 Under Illinois law, the supreme court has declined to recognize a separate cause of action for spoliation of evidence.
Evidence advocacy—the judge’s perspective Bench and Bar, January 2003 This is the second part of the article by Justice Warren D. Wolfson (First District Appellate Court). The First installment was published in the November 2002 newsletter.
Admissibility of evidence of preexisting injury: The battle continues after Brown v. Baker By Stephen C. Buser Civil Practice and Procedure, May 1999 A controversy continues to exist among several panels of the appellate court in Illinois regarding the admissibility of evidence of preexisting injuries in personal injury litigation.
Spoliation of evidence: Recent expansion of an old theory By Robin P. Bissell & James M. Holston Corporate Law Departments, February 1999 Although the claim of spoliation has ancient roots, it is currently at the zenith of its popularity as a legal theory and litigation tactic. Cases involving alleged and actual spoliation have become front-page articles in the mainstream business press

Select a Different Subject