EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

Friday, March 19, 2010

The Giant(s) Of Illinois, Take 2: Special Committee On Illinois Evidence Issues Proposed Illinois Rules Of Evidence

Currently, Illinois is one of few states that does not have codified rules of evidence. In November 2008, I wrote that

the Illinois Supreme Court announced the formation of a Special Committee on Illinois Evidence with the aim of codifying existing evidentiary law so that it is available in a single source.   The Special Committee, appointed by the Supreme Court, is composed of a blue ribbon roster of judges, practitioners, law professors and state legislators.

I was honored to be asked by that Committee to draft a report comparing each Federal Rule of Evidence with the corresponding evidentiary principle that Illinois courts had developed in case law to assist the Committee in its creation of Illinois Rules of Evidence. The result of that endeavor was a 100 page report prepared with substantial assistance from John Marshall's Associate Dean for Academic Affairs and Professor Ralph Ruebner and law students Katie Anderson, Timothy Herman, and Jessica Kull. 

We submitted that report in May 2009, and the Committee set forth on the arduous task of drafting Proposed Illinois Rules of Evidence, which are now available here: Proposed Illinois Rules of Evidence. Here is the accompanying Notice of Public Hearings on the Proposed Rules, which will be held on May 18th and May 20th at 10:00 A.M. As the Notice notes, "Anyone wishing to be scheduled to testify at the public hearings should advise the Committee in writing...not later than Monday, May 10, 2010."

After my initial brief review of the rules, everything looks to be in place, but maybe I missed something. Do readers have any thoughts or suggestions on the rules? If so, please either submit a comment to this post or e-mail me at 7millerc@jmls.edu.

(Hat tip to my colleague Mark Wojcik for the link)



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