CHICAGO DIVORCE LAWYER ARTICLES
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Probably the first rule of evidence any attorney learns is that leading questions are not allowed when you’re calling your own witness. A leading question is “a question put or framed in such a form as to suggest the answer sought to be obtained by the person interrogating.” Black’s Law Dictionary (10th ed. 2014) The point of prohibiting leading questions is that they don’t really allow the witness to answer of…
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In an Illinois hearing or trial, the point of asking questions of a witness is to elicit relevant facts from that witness. It’s tempting to just “cut to the chase” and presume certain facts in advance without asking about them directly. Questions that presume facts not already admitted into evidence are not permitted under the Illinois Rules of Evidence. While the objection “assumes facts not already admitted” does not have…
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When someone is giving testimony in an Illinois divorce hearing or trial, the point of the questions is for the finder of fact, the judge, to come to a legal conclusion. The questions, however, cannot call for a conclusive answer. In an Illinois divorce trial, questions are supposed to elicit facts, known and experienced by the witness. Questions that call for a conclusion ask for an additional logical step be…
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After an Illinois divorce is settled or a trial order is issued, the divorce is not over. Both parties must still comply with the terms of the Judgment for Dissolution of Marriage and the incorporated Marital Settlement Agreement and Allocation of Parenting Time and Parental Responsibilities. Illinois law provides multiple methods for enforcing those terms. “Terms of the agreement set forth in the judgment are enforceable by all remedies available…
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Presenting evidence in an Illinois divorce is complicated. You must establish foundation, authenticate the evidence and be sure the evidence doesn’t violate one of the numerous evidentiary rules. Even after all of that is done, your evidence must still be “the best” type of evidence possible for the finder of fact to inspect and weigh that evidence. Best evidence means the original document is required if it is being referred…
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