Demonstrative Evidence In An Illinois Divorce Hearing or Trial

By Russell Knight | July 26, 2021
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demonstrative exhibits in Illinois divorce

Demonstrative evidence, like a chart, a map or a drawing are effective ways to clarify an issue to a finder of fact. While common in accident cases where the laws of physics need to be explained to a jury, demonstrative…

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Hearsay In An Illinois Hearing or Trial

By Russell Knight | July 25, 2021
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Hearsay evidence in an Illinois trial.

An old joke best illustrates the concept of hearsay in a trial. Witness: “Then Bobby told me that he was the one that did it.” Lawyer: “Ah. So, hearsay? Witness: “Yup. I heard ‘em say it” “”Hearsay” is a statement,…

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Relevant and Irrelevant Questions In An Illinois Divorce Trial Or Hearing

By Russell Knight | July 23, 2021
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Irrelevant questions in an Illinois divorce

If you can’t agree on the final terms of a divorce, an Illinois divorce judge will make final determinations and issue a judgment of dissolution of marriage, a marital settlement order and/or a parental responsibilities and parenting time order. In…

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Repetitive Questions In An Illinois Divorce

By Russell Knight | July 10, 2021
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Cumulative questions in Illinois

If an Illinois divorce court has determined that your question is relevant and not subject to the bar against hearsay, the witness must answer your question. But once the witness has answered a question you are not allowed to continue…

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Speculative Answers In An Illinois Divorce

By Russell Knight | July 10, 2021
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Speculation objection

The point of questioning a witness in an Illinois divorce is to elicit knowledge that they accurately and verifiably possess. If the witness testifies to something they do not actually know, they are speculating. Speculative answers should be met with…

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Leading Questions In An Illinois Divorce Trial Or Hearing

By Russell Knight | July 4, 2021
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Objecting to leading questions in Illinois

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…

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Questions That Assume Unproven Facts In An Illinois Divorce

By Russell Knight | July 4, 2021
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Objection for Assumption

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…

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Questions That Call For A Conclusion In An Illinois Divorce

By Russell Knight | July 3, 2021
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Opinion Witnesses In An Illinois Divorce

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.…

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Best Evidence Rule In An Illinois Divorce

By Russell Knight | July 2, 2021
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Original Writing In Illinois Divorce Trials

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…

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What Is Judicial Notice In An Illinois Divorce Hearing Or Trial?

By Russell Knight | February 6, 2021
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Judicial Notice In Illinois

Much of the divorce process looks like backroom horse trading…and it kind of is. But, when you can’t agree in those back rooms, you have the right to go to a full hearing in front of a judge. At that…

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