Page 10 - John Hundley 2010

► Illinois would not follow the federal provision (Fed. R. Evid. 608(b)) on use of specific instances of
conduct as evidence of character of a witness.

► Illinois would significantly rewrite Fed. R. Evid. 609 on impeachment by evidence of conviction of a
crime.
► Illinois would remove certain limitations on expert testimony contained in Fed. R. Evid. 702.

► Illinois would not adopt the federal restrictions on admission of data and facts relied upon by
experts when those facts or data are otherwise inadmissible. Compare Fed. R. Evid. 703.

► Illinois would replace Fed. R. Evid. 704 with a simple provision that “Testimony in the form of an
opinion or inference otherwise admissible is not objectionable because it embraces an ultimate
issue to be decided by the trier of fact.”

► Illinois would significantly change Fed. R. Evid. 801(d)’s provisions on when prior statements are
not hearsay in criminal trials. It would also add to the list of admissions not treated as hearsay
under Fed. R. Evid. 801(d)(2) “a statement by a person, or a person on behalf of an entity, in
privity with the party or jointly interested with the party”. Illinois would not adopt the federal
provision requiring independent evidence of conspiracy, employment or authority to speak for
another under clauses (C)-(E) of Rule 801(d)(2).

► Many provisions of the rule on hearsay when the declarant is available (Fed. R. Evid. 803) would
be retained, but many would be rewritten and changed. Fewer changes would be made to the
provision applicable when the declarant is unavailable (Fed. R. Evid. 804).
The proposed new rules are available on the Illinois Supreme Court’s website,
www.state.il.us/court/Supreme_Court. Hard copies may be obtained from Paul Dismukes, phone
312-793-3250.
The committee has scheduled two public hearings on the proposals. They will be held:

May 18, 2010, 10 am May 20, 2010, 10 am
Supreme Court Building Administrative Office of the Illinois Courts
160 N. LaSalle St. Rm. C-500 3101 Old Jacksonville Road
Chicago, Illinois Springfield, Illinois

It has also announced it will receive comments in writing through Tuesday, May 4, 2010 at:

Special Supreme Court Committee on Illinois Evidence
c/o Administrative Office of the Illinois Courts
222 N. LaSalle St. 13th Floor
Chicago, IL 60601

Persons wishing to give live testimony at either of the public hearings must advise the
committee of that desire in writing sent to the above address not later than May 10, 2010.

-- John Hundley with Brenda Hapeman
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