Articles From Roger M. Scrivner | Illinois State Bar Association

McDonnell v. Partlin and the empty chair defense: clarity or quagmire? By Roger M. Scrivner Civil Practice and Procedure, September 2000 In a unanimous decision, the Illinois Supreme Court ruled that defendants may use the "empty chair" defense in a medical negligence case, even though there is no opinion evidence of professional negligence offered by a defendant against the missing party.

In re Marriage of Wheatley v. Wheatley By Roger M. Scrivner Civil Practice and Procedure, June 1999 There is an old saying among trial judges. After the heat of battle cools and the smoke clears, the appellate court shoots the survivors. Such is the case with this decision.

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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