Publisher's Synopsis
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
