Trial Briefs

The newsletter of the ISBA’s Section on Civil Practice & Procedure

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2002 Articles

Are opinion witness deposition fees and transcription costs taxable as costs after judgment By Michael J. Marovich April 2002 Between 1999 and today, there has been an increase in Illinois Appellate Court decisions regarding whether a prevailing party in litigation may recover opinion witness fees and transcription costs as taxable costs after judgment is entered.
Backstriking jurors: Diligent advocacy or guile? By Patrick M. Kinnally October 2002 Recently I was involved in a trial and counsel, in conjunction with the court, were selecting a jury.
Discovery and the Fifth Amendment By Robert T. Park 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 April 2002 Illinois' litigation discovery process intertwines a myriad of strategic measures of inquiry designed to pluck evidence from the other party.
ERISA remedial powers and plan reimbursement claims By Michael J. Marovich December 2002 Any attorney practicing in the field of personal injury law inevitably faces claimed rights to reimbursement from an injured party's health insurance company.
An Illinois lawyer in Romania’s Constitutional Court By James E. Pfander November 2002 Among the other trips I took as a Fulbright Senior Scholar at the University of Bucharest in Romania last spring, I paid a visit to the Romanian Constitutional Court. Housed in the southeast corner of the enormous Palace of Parliament in Bucharest, the Romanian Constitutional Court dates from the country's ratification of a post-Communist constitution in 1991
The Illinois Supreme Court makes major revisions to trial witness disclosures under Rule 213 By Daniel P. Wurl August 2002 The Illinois Supreme Court recently announced significant amendments to Rule 213 relating to the disclosure of trial witness testimony. These amendments took effect on July 1, 2002.
ISBA sets ADR program for midyear meeting By Hon. Michael S. Jordan October 2002 The CLE Committee of the ISBA has approved a fantastic program on mediation sponsored jointly by the Alternative Dispute Resolution Section Council, the Bench-Bar Section Council, the Civil Practice Section Council, and the Family Law Section Council set for Thursday, December 12, 2002, from 2:00 p.m. to 5:00 p.m. at the Chicago Sheraton Hotel during the midyear meeting. Make plans now to attend and watch for further announcements.
Jury instructions and voir dire: Recent developments By Susan M. Witt October 2002 Amended Supreme Court Rule 239 (effective January 2000) allows for any or all jury instructions to be read before opening statements.
Navqi v. Rossiello: an IRS malpractice trap for the unwary practitioner By Richard L. Turner 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 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.
Recent decision in Burger considers Petrillo doctrine in hospital setting By John M. Burke December 2002 Litigation continues over legislative restrictions on the scope of the well-known rule in Petrillo v. Syntex Laboratories, Inc., 141 Ill.App.3d 581 (1986).
Service of process by special order of court By Dawn R. Hallsten December 2002 Under 735 ILCS 5/2-203.1, a plaintiff may seek leave of the court to serve the defendant by special order of court if the plaintiff has diligently but unsuccessfully attempted to serve the defendant personally or by abode service.
Strategic use of vehicular damage evidence in personal injury litigation By Michael J. Marovich November 2002 Litigants often seek to use evidence about the extent of vehicular damage to influence a jury's assessment of the severity of resulting personal injuries.