This convenient manual is designed specifically for courtroom use and offers judges and practitioners many trial-tested features that not only provide fast, accurate answers to evidentiary questions, but also guide you to the underlying authorities and secondary sources.
Illinois Evidence Courtroom Manual follows the popular format and features of Glen Weissenberger?s well-known treatise, Federal Evidence, and his many other courtroom manuals. Together, Weissenberger?s treatise and courtroom manuals have been cited by state and federal courts on hundreds of occasions, so you can trust that Illinois Evidence Courtroom Manual provides authoritative commentary and analysis.
Illinois Evidence Courtroom Manual includes many convenient features ideal for courtroom application, including:
- Summary of relevant statutes and case law
- Concise, authoritative commentary and analysis
- Explanation of current trends and developments
- Illustrative examples
- Strategic points
- Comparisons to Federal Rules of Evidence
- Constitutional considerations
- Additional authority for expanding your research
- Text of applicable statute
I GENERAL PROVISIONS
101 Scope and Citation of the Rules
102 Purpose and Construction
103 Rulings on Evidence
104 Preliminary Questions
105 Limited Admissibility
106 Remainder of or Related Writings or Recorded Statements
II JUDICIAL NOTICE
201 Judicial Notice of Adjudicative Facts
202 Judicial Notice of Legislative Facts
203 Judicial Notice of Law
III PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
301 Presumptions in General in Civil Actions and Proceedings
302 Presumptions in General in Criminal Actions and Proceedings
IV RELEVANCY AND ITS LIMITS
401 Definition of "Relevant Evidence"
402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
403 Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste
of Time
404 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other
Crimes
405 Methods of Proving Character
406 Habit; Routine Practice
407 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
412 Sex Offense Cases: Relevance of Alleged Victim?s Past Sexual Behavior or
Alleged Sexual Predisposition (Rape Shield Law)
V PRIVILEGES
501 Privileges: General Considerations
502 Attorney-Client Privilege
503 Physician-Patient Privilege
504 Social Worker Privilege
505 Spousal Privileges
506 Clergy-Parishioner Privilege
507 Reporters
508 Other Privileges
VI WITNESSES
601 Competency
602 Lack of Personal Knowledge
603 Oath or Affirmation
604 Interpreters
605 Competency of Judge as Witness
606 Competency of Juror as Witness
607 Impeachment of Witness
608 Evidence of Character and Conduct of Witness
609 Impeachment by Evidence of Conviction of Crime
610 Religious Beliefs or Opinions
611 Mode and Order of Interrogation and Presentation
612 Writing or Other Item Used to Refresh Memory
613 Prior Statements of Witnesses
614 Calling and Interrogation of Witnesses by Court
615 Sequestration of Witnesses
VII OPINIONS AND EXPERT TESTIMONY
701 Opinion Testimony by Lay Witnesses
702 Testimony by Experts
703 Bases of Opinion Testimony by Experts
704 Opinion on Ultimate Issue
705 Disclosure of Facts or Data Underlying Expert Opinion
706 Court-Appointed Experts
VIII HEARSAY
801 Hearsay Definitions
802 Hearsay Rule
803 Hearsay Exceptions; Availability of Declarant Immaterial
803(1) Present Sense Impression
803(2) Excited Utterance
803(3) Then Existing Mental, Emotional, or Physical Condition
803(4) Statements for Purposes of Medical Diagnosis or Treatment
803(5) Recorded Recollection
803(6) Records of Regularly Conducted Activity
803(7) Absence of Entry in Records of Regularly Conducted Activity
803(8) Public Records and Reports
803(9) Records of Vital Statistics
803(10) Absence of Public Record or Entry
803(11) Records of Religious Organizations
803(12) Marriage, Baptismal, and Similar Certificates
803(13) Family Records
803(14) Records of Documents Affecting an Interest in Property
803(15) Statements in Documents Affecting an Interest in Property
803(16) Ancient Documents
803(17) Market Reports, Commercial Publications
803(18) Learned Treatises
803(19) Reputation Concerning Personal or Family History
803(20) Reputation Concerning Boundaries or General History
803(21) Reputation as to Character
803(22) Judgment of Previous Conviction
804 Hearsay Exceptions; Declarant Unavailable
804(1) Former Testimony
804(2) Statement Under Belief of Impending Death
804(3) Statement Against Interest
804(4) Statement of Personal or Family History
805 Hearsay Within Hearsay
806 Attacking and Supporting Credibility of Declarant
807 Other Exceptions
IX AUTHENTICATION AND IDENTIFICATION
901 Requirement of Authentication or Identification
902 Self-Authentication
903 Subscribing Witness?s Testimony Unnecessary
X CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
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
A. J. Stephani
A.J. Stephani is a lawyer in private practice in Cincinnati, Ohio. He is an Adjunct Professor at the University of Cincinnati College of Law, faculty member of the University of Cincinnati Forensic Psychiatry Fellowship, and has previously served as the Executive Director of the Glenn Weaver Institute of Law and Psychiatry at the University of Cincinnati College of Law. A.J. is co-author on over a dozen books on state and federal evidence and civil procedure law.
Weissenberger, Glen
Glen Weissenberger is the former dean at DePaul University College of Law. A recognized expert on courtroom evidence and a scholarly entrepreneur, Glen Weissenberger was named dean of the College of Law in July 2002. He joined DePaul from the University of Cincinnati Law School, where he taught for 27 years, rising to become the Judge Joseph P. Kinneary Professor of Law. During his tenure, he served as special counsel to the university president and as director of the university's Center for Studies in Professional Skills. He received many teaching awards, including the Ohio State Bar Foundation Outstanding Research Award in 2001, the University of Cincinnati Faculty Achievement Award in 1995, and the Jerome P. Goldman Prize for Teaching Excellence, University of Cincinnati in 1977 and 1980. A prolific author, Weissenberger has penned many works found in textbooks and classrooms across the nation.
Robert L. Byman
Robert L. Byman is a partner at Jenner & Block, LLP, Chicago, Illinois. He is a member of the firm's Complex Commercial Litigation Practice.