The Illinois Supreme Court, effective January 1, 2011, codified Illinois Rules of Evidence. Taken from Illinois case law, statutes, and other Supreme Court rules, the codification should improve attorneys access to the Illinois law of evidence by eliminating multiple sources that they need to research.
Although the codification minimized the number of rules that are new and incorporated the current state of Illinois law into the rules, there are changes in rules dealing with two kinds of evidence: opinion and hearsay exceptions. Additionally, the Special Committee made several noncontroversial modifications to modernize the Rules of Evidence to conform with the Federal Rules of Evidence and a majority of other state jurisdictions. Also, the new Rules confirm that Illinois continues to be a Frye state when it comes to the admissibility of scientific evidence.
Get expert analysis on Illinois newly codified Rules of Evidence from Gino L. DiVito, founding partner of Tabet, DiVito and Rothstein LLC, Chicago. Mr. DiVito is a former Illinois trial judge and appellate justice, adjunct professor with Loyola University Chicago School of Law, and member of the Special Supreme Court Committee on Illinois Evidence.
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