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Graham's Handbook of Illinois Evidence, 2021 Edition by Michael H. Graham Graham's Handbook of Illinois Evidence, 2021 Edition by Michael H. Graham

Graham's Handbook of Illinois Evidence, 2021 Edition

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Overview

Graham’s Handbook of Illinois Evidence is a comprehensive and practical guide to the Illinois Rules of Evidence and related issues. Providing clear explanations of the settled law and expert advice on more complicated evidentiary problems, this one-volume compendium provides in-depth coverage of everything litigators need for citing cases, justifying objections, planning litigation strategy, and analyzing or weighing evidence. The Handbook of Illinois Evidence, most cited by the Illinois bench and most relied on by the Illinois bar, is an invaluable aid in determining the admissibility of evidence in Illinois courts. The Edition in 2016 marked the conversion of the Handbook, first published in 1956, to an annual softcover format.

As of January 1, 2011, by order of the Illinois Supreme Court, the Illinois Rules of Evidence govern proceedings in the courts of Illinois except as otherwise provided in Ill.R.Evid. 1101. The Illinois Rules of Evidence, with Committee Comments, as amended effective September 17, 2019, are presented in full in an Appendix.

The 2021 Edition brings you up to date on the latest Illinois Rule of Evidence amendments, cases, statutes, and other developments, including:

  • Ill.R.Evid. 613(C) amended to confirm that an out-of-court statement otherwise admissible at trial as not hearsay or as substantive evidence under an exception to the hearsay rule remains admissible in spite of the fact that the statement is also admissible as a prior consistent statement for rehabilitation purposes.
  • Ill.R.Evid. 803(6) amended to explicitly require that the opposing party has burden to show that the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
  • Ill.R.Evid. 803(8) amended to provide that in a civil case or against the state in a criminal case, factual findings from a legally authorized investigation, but not findings containing expressions of opinions or the drawing of conclusions, constitutes a hearsay exception.
  • Ill.R.Evid. 803(16) amended to provide that the ancient document hearsay exception applies solely to documents prepared before January 1, 1998.
  • Ill.R.Evid. 902(12) now provides for self-authentication of certified records generated by an electronic process or system.
  • Ill.R.Evid. 902(13) now provides for self-authentication of certified data copied from an electronic device, storage medium, or file.
  • Ill.R.Evid. 904(b)(4) amended explicitly to include application of the distinctive characteristics and the like illustration of conforming authentication to the sources of an electronic communication taken in conjunction with the circumstances.
  • Ill.R.Evid. 1101(b)(3) amended to provide that the Illinois Rules of Evidence are applicable to conditional discharge and supervision proceedings.
  • Forfeiture by wrongdoing applies when the defendant acts wrongfully “at least in part” with the purpose to cause the declarant’s unavailability.
  • Illinois Supreme Court confirms that the Illinois Rules of Evidence prevail under the doctrine of separation of powers over any irreconcilable conflicting statutory requirement.
  • Disagreement in appellate opinions as to the propriety of jury video replay in open court and not in the jury room.
  • Application of the concept of “unfair prejudice” to the State under Ill.R.Evid. 405(b)(2) and Lynch in criminal homicide and battery cases.
  • Factual similarity required with respect to other sexual offenses of accused, Ill.R.Evid. 413.
  • Police officer testimony as a lay witness versus an expert witness.
  • Admissibility of photographs, absent expert testimony, relevant to the existence and extent of injury resulting from the accident.
  • Admissibility of forensic examiner independent review opinion testimony under the confrontation clause.
  • Application in criminal and civil cases of the “in issue” exception to the physician-patient privilege.

Previous Edition: Graham's Handbook of Illinois Evidence, 2020 Edition ISBN 9781543810509¿

Note: Online subscriptions are for three-month periods.

Pages 1448
Last Updated 11/05/2020
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543818376
SKU 10045547-0005
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010071718
Table of Contents

ARTICLE I GENERAL PROVISIONS

  • 101 Scope of Rules of Evidence
  • 102 Purpose and Construction
  • 103 Rulings on Evidence
  • 104 Preliminary Questions of Admissibility
  • 105 Limited Admissibility
  • 106 Remainder of or Related Writing or Recorded Statements

ARTICLE II JUDICAL NOTICE

  • 201 Adjudicative and Legislative Judicial Notice

ARTICLE III [BURDENS OF PROOF AND] PRESUMPTIONS IN CIVIL [AND CRIMINAL] ACTIONS AND PROCEEDINGS

  • 300 Burden of Pleading and Proof in Civil Cases
  • 301 Presumptions in Civil Cases
  • 302 Burden of Pleading and Proof in Criminal Cases
  • 303 Presumptions in Criminal Cases

ARTICLE IV RELEVANCY AND ITS LIMITS

  • 401 Relevant Evidence
  • 402 Admissibility of Relevant Evidence Only
  • 403 Exclusion of Relevant Evidence on Grounds of Unfair Prejudice, Confusion, or Waste of Time
  • 404 Character Evidence Not Admissible to Prove Conduct: Exceptions; Other Crimes, Wrongs, or Acts
  • 405 Methods of Proving Character
  • 406 Habit and Routine Practice
  • 407 Reserved [Subsequent Remedial Measures]
  • 408 Compromise and Offers to Compromise
  • 409 Payment of Medical and Similar Expenses
  • 410 Inadmissibility of Pleas, Plea Discussions, and Related Statements
  • 411 Liability Insurance

ARTICLE V PRIVILEGE

  • 501 General Rule on Privileges
  • 502 Constitutional Privilege
  • 503 Statutory Privilege
  • 504 Court Rule
  • 505 Common Law Privilege
  • 506 Waiver of Privilege by Voluntary Disclosure
  • 507 Privilege Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege
  • 508 Comment upon an Inference from Claim of Privilege; Claim of Privilege in Presence of Jury

ARTICLE VI WITNESS

  • 601 Competency of Witnesses
  • 602 The Requirement of Personal Knowledge
  • 603 Oath or Affirmation
  • 604 Interpreters
  • 605 Competency of Judge or Lawyer as Witness
  • 606 Competency of Juror as Witness
  • 607 Attacking Credibility of Witness
  • 608 Character of Witness for Truthfulness or Untruthfulness
  • 609 Impeachment by Evidence of Conviction of Crime
  • 610 Religious Beliefs or Opinions
  • 611 Mode and Order of Interrogation and Presentation
  • 612 Documents Used to Refresh Recollection
  • 613 Prior Statement of Witness
  • 614 Calling and Interrogation of Witness by the Court
  • 615 Exclusion and Separation of Witnesses

ARTICLE VII OPINIONS AND EXPERT TESTIMONY

  • 700 Lay and Expert Opinion Testimony
  • 701 Opinion Testimony by Lay Witnesses
  • 702 Opinion Testimony by Expert Witnesses
  • 703 Bases of Opinion Testimony by Experts
  • 704 Lay and Expert Opinion on Ultimate Issue
  • 705 Examination of Expert Witnesses
  • 706 Learned Treatises
  • 707 Court-Appointed Experts
  • 708 Pretrial Disclosure of Lay and Expert Witness Opinions

ARTICLE VIII HEARSAY

  • 800 Hearsay and Hearsay Exceptions
  • 801 Definition of Hearsay
  • 802 Hearsay Rule
  • 803 Hearsay Exceptions: Availability of Declarant Immaterial
  • 804 Hearsay Exceptions: Declarant Unavailable
  • 805 Hearsay Within Hearsay
  • 806 Attacking and Supporting Credibility of Declarant
  • 807 Confrontation Clause

ARTICLE IX AUTHENTICATION AND IDENTIFICATION

  • 901 Requirement of Authentication or Identification
  • 902 Self-Authentication
  • 903 Subscribing Witness’s Testimony Unnecessary

ARTICLE X ORIGINAL WRITING RULE

  • 1001 Definitions
  • 1002 Requirement of Original
  • 1003 Admissibility of Duplicates
  • 1004 Admissibility of Other Evidence of Contents
  • 1005 Public Records
  • 1006 Summaries
  • 1007 Testimony or Written Admission of Party
  • 1008 Functions of Court and Jury

ARTICLE XI MISCELLANEOUS RULES

  • 1101 Miscellaneous Rules
  • 1102 Title

ILLINOIS RULES OF EVIDENCE

COMMITTEE COMMENTARY TO THE ILLINOIS RULES OF EVIDENCE

Table of Cases

Table of Illinois Supreme Court Rules

Table of Illinois Statutes

Table of Federal Rules

Table of Illinois Pattern Jury Instructions

Index

 

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