Section Newsletters

Articles on Hearsay

The child abuse hearsay exception By Jared Giuffre Child Law, October 2018 There are several provisions in Illinois law that allow for the hearsay statements of a child to be admitted for substantive purposes.
Why ESI is not like fine wine: Recent changes to the ancient documents exception to the hearsay rule By Daniel Thies Federal Civil Practice, May 2018 The rise of electronically stored information in litigation has undermined the three rationales for the ancient documents exception to the hearsay rule.
Illinois Supreme Court confirms Peterson conviction By Mark Kevin Wykoff Criminal Justice, December 2017 The Supreme Court considered whether under separation of powers principles, the common-law doctrine of forfeiture by wrongdoing governed the admission of the hearsay statements.
Is hearsay a pleading objection? By Gary L. Schlesinger Civil Practice and Procedure, July 2017 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.
Governmental involvement necessary for statement to be considered testimonial hearsay By Mark Kevin Wykoff, Sr. Criminal Justice, April 2013 The Illinois Appellate Court, in People v. Richter, held that governmental involvement is required for a statement to be considered testimonial hearsay. Given that defendant’s statements were not made to government officials, and that there was no governmental involvement in the creation of the statements, the statements did not constitute testimonial hearsay. Thus, the hearsay evidence was admissible at his trial.
Crawford v. Washington: Has the U.S. Supreme Court simplified hearsay analysis? By Hon. Donald D. Bernardi Bench and Bar, July 2008 If you were an economist viewing the courts as producers of the law, you might find yourself unimpressed.
Hearsay in Administrative Hearings—Follow Up By Marc Christopher Loro Administrative Law, July 2006 This is a follow up to an article which appeared in the April 2006 edition of this newsletter titled “The Use of Hearsay in Contested Cases: To be or not to be?”
The use of hearsay in contested cases: To be or not to be? By Marc Christopher Loro Administrative Law, April 2006 A recent ruling by a judge of the Circuit Court of Cook County raised the question of the extent to which police reports—and other documents which can be considered hearsay—can by relied upon as evidence in contested cases before administrative agencies.
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.
Crawford cancels hearsay exception for minor witnesses By Brendan Max Criminal Justice, April 2005 Accusatory statements by minor-witnesses made out of court may not be admitted as an exception to hearsay, and the statutory provision which authorized this practice is unconstitutional.
Stricter construction of Confrontation Clause may limit state’s use of hearsay at trial: An analysis of Crawford v. Washington By John Gleason Criminal Justice, June 2004 On March 8, 2004, the United States Supreme Court decided Crawford v. Washington, 541 U.S. ___, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004).
Use immunity/hearsay exception ‘Gangbangers’ exception v. cross-examination By John Corkery Criminal Justice, November 1999 Questions recently have arisen about a new criminal evidence statute entitled "Admissibility of prior statements when witness refused to testify despite a court order to testify."

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