The Codification of Illinois Rules of Evidence – Two Issues Worth Noting


After relying on common law evidence and random statutory enactments, Illinois has now codified its rules of evidence, effective January 1, 2011. The Illinois Rules of Evidence are the product of the Special Supreme Court Committee for Illinois Evidence (committee), convened by the Illinois Supreme Court in 2008. In a state famous for several plaintiff-friendly trial jurisdictions, these new rules of evidence should help standardize the application of the law with respect to the most important evidentiary issues that arise at trial. It should also facilitate the assertion of objections during trial, and help trials run more smoothly. The new rules follow the same structure as the Federal Rules of Evidence (FRE), but have at least two unique and important features that affect drug and medical device litigation in the State of Illinois.

First, with respect to expert testimony, a key issue in most drug and medical device litigation, Illinois remains a "Frye" state, and will likely remain that way for the foreseeable future. The committee, by enacting Rule 702, codified the Frye standard enunciated in Donaldson v. Central Illinois Public Service Co., 199 Ill. 2nd 62 (2002), by specifically providing...

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sedgwick LLP | Attorney Advertising

Written by:


Sedgwick LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.