Social media sites provide attorneys with many more ways to pursue and defend the claims of clients during trial. Establishing social media content as evidence is now easier and less expensive thanks to new amendments to the Illinois Rules of Evidence.
The Department of State Police adopted a new regulation titled Disclosure of Forensic Laboratory Toxicological Testing Results (20 Ill Adm. Code 1287 (effective May 15, 2018)) that aims to create more uniformity in toxicology evidence produced by the department that would lead to a proper, well-formed determination of the admissibility of toxicology evidence.
Google Maps, Google Street View, and similar internet services allow parties to access images of a particular location without ever being physically present at the site. Are such images admissible? How do the Rules of Evidence interact with these new discovery resources? This article examines how such issues may arise during litigation.
Yes, you can depose a corporation, and Illinois Supreme Court Rule 206(a)(1) sets out the process. The bad news: Illinois courts have said little about the Rule. The good news: Plenty of federal rulings have interpreted FRCP 30(b)(6), the model upon which the Illinois rule is based.
Social media and the internet generally hold a trove of mission-critical information for lawyers about adversaries, businesses, and more - and most of it is free. Do you know how to find it?
The Illinois Appellate Court reversed a jury conviction of armed robbery with a firearm as the trial court erred in admitting a detective's testimony as to historical cell-site analysis (HCSA) evidence, which was both hearsay and prejudicial.
Suppose you have evidence of a driver's high BAC but no corroborating evidence of impairment. Does the BAC evidence alone authorize an expert to testify that the driver was probably impaired? This article reviews the confusing state of Illinois law.
The Illinois Appellate Court adopted a new standard in People v. Kent for admitting social media evidence. Here's a review of the standard and advice about how to apply it.
Demonstrative evidence, which merely illustrates or explains a point, need not be disclosed during discovery. But trying to use it to do the work of substantive evidence risks having a favorable verdict overturned.
By Professor Richard S. Kling, Khalid Hasan, & Martin D. Gould
December
2017
Article
, Page 24
Social media content is a trove of potentially powerful evidence. How do you maximize your prospects for getting access to it? The authors explain how to use discovery and other means to obtain social media postings.
In Utah v. Strieff, the police stopped a suspect illegally but discovered there was a warrant for his arrest. The U.S. Supreme Court ruled that evidence found during the subsequent search was admissible despite the illegal stop thanks to the discovery of the warrant. This article reviews the implications of Strieff for prosecutors and defense lawyers.
By Richard S. Kling, Khalid Hasan, & Martin D. Gould
August
2017
Article
, Page 30
Social media is a trove of potential evidence, but lawyers must be mindful of ethical limits before attempting to get and use it. This article looks at the small body of law and advisory opinions applicable to social media evidence and related issues.
Thompson makes it easier for witnesses to provide lay opinion indentification testimony based on reviewing a recording. This article discusses the case's implications.
A p.i. plaintiff's path to proving proximate cause is rarely a cakewalk. Other possible causes and potential tortfeasors pose challenges for plaintiffs and create opportunities for defendants.
The law has been slow to catch up with social media's all-encompassing reach. Here are things to keep in mind, especially - but not exclusively - if you represent plaintiffs in litigation.
If you represent the defense and your expert works at the same hospital where the plaintiff received treatment, the court may bar him or her from testifying - even if the treating doctor and expert practice in different fields.
By Richard S. Kling, Khalid Hasan, & Martin D. Gould
January
2017
Article
, Page 38
Is social media evidence admissible in Illinois? The short answer is yes, if the proper requirements are met. Here's a look at the applicable law and how to lay proper foundation in Illinois.
The second district affirmed a summary judgment ruling for the defendant over the plaintiff's claims that the pleadings established a question of material fact.
Upon the completion of hospital emergency services and forensic services, health care professionals providing forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing.
It's hard for plaintiffs to plead and prove claims for negligent spoliation of evidence. Here's why it's important - and difficult - for plaintiffs to establish a duty to preserve evidence.
Supposed the prosecution's expert testifies about a lab report conducted by a scientist the state didn't call. Is the defendant's right to confront adverse witnesses violated? Not if the report was done for reasons other than proving the defendant's guilt.
In 2008, Ricardo Arze was indicted on two counts of criminal sexual assault and one count of unlawful restraint for sexually assaulting his former patient, M.S. Prior to trial, the State filed a motion to admit evidence of other crimes pursuant to section 115-7.3 of the Code of Criminal Procedure.
The Fifth District Appellate Court held that the trial court abused its discretion when it failed to sanction respondent's self-confessed violation of Rule 213(f) by allowing the admission of the paternal grandmother's testimony as an expert witness.
On November 12, 2015, the Third District of the Illinois Appellate Court affirmed Drew Peterson's first degree murder conviction and sentencing on the grounds that his guilt was proven beyond a reasonable doubt.
Lawyers owe it to clients to thoroughly prepare witnesses to testify. On the other hand, they have a duty not to present false evidence. Here are best practices for ethical-yet-effective witness preparation.
