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21 Aug 2021, 5:53 pm by Russell Knight
“A temporary order entered under this Section: (2) may be revoked or modified before final judgment, on a showing by affidavit and upon hearing;” 750 ILCS 5/501(d)(2) In theory, temporary orders are not to affect the court’s final determinations. [read post]
21 Aug 2021, 9:02 am by Russell Knight
The post Hostile Witnesses In An Illinois Divorce Hearing Or Trial appeared first on Russell D. [read post]
21 Aug 2021, 5:40 am by Russell Knight
The post Pseudonyms or “John Doe” Names In An Illinois Divorce appeared first on Russell D. [read post]
15 Aug 2021, 5:39 pm by Russell Knight
During an Illinois divorce, sooner or later, you will receive an email or a letter that says “pursuant to Illinois Supreme Court Rule 201(k)…” and then bunch of demands will follow. [read post]
14 Aug 2021, 6:32 pm by Russell Knight
If an opposing counsel sends you a 201(k) letter after saying something as obtuse as “you didn’t comply,” politely let the opposing counsel know that your 201(k) conference is not yet complete because you don’t know what’s missing and you’d like to continue the conference until you truly know what discovery remains outstanding. [read post]
14 Aug 2021, 6:31 am by Russell Knight
Most court cases involve a moment in time: a crime was allegedly committed or an accident happened. [read post]
8 Aug 2021, 9:46 am by Russell Knight
Evid. 801(d)(2) If the statement in the screenshot is from someone else, you’ll need to find another exception to the hearsay rule or bring that person into court to testify to the accuracy of their recorded statement. [read post]
7 Aug 2021, 7:30 am by Russell Knight
The post Business Records In An Illinois Divorce Trial Or Hearing appeared first on Russell D. [read post]
31 Jul 2021, 2:25 pm by Russell Knight
R. 101(d) The actual, physical delivery of the initial divorce documents is done by a sheriff or special process server. [read post]
26 Jul 2021, 5:46 pm by Russell Knight
Demonstrative evidence, like a chart, a map or a drawing are effective ways to clarify an issue to a finder of fact. [read post]
25 Jul 2021, 8:24 am by Russell Knight
Evid. 801(d)(2) Objections as to hearsay for your spouse’s out-of-court statement can be relied to as a “Statement of a Party Opponent. [read post]
23 Jul 2021, 7:46 am by Russell Knight
Illinois divorce courts “shall divide the marital property without regard to marital misconduct” 750 ILCS 5/503(d) But, character evidence is probably relevant in determining parenting time and parental responsibilities. [read post]
22 Jul 2021, 6:36 pm by Russell Knight
” 735 ILCS 5/2-615(d) The court won’t throw out a pleading unless it’s a real mess. [read post]
18 Jul 2021, 4:58 pm by Russell Knight
The Illinois courts and legislature have decided that everyone should have a few places where they can communicate safely without fear of that communication being repeated. [read post]
17 Jul 2021, 8:14 am by Russell Knight
” Unconscionability is the “[d]egree of unreasonableness and unfairness of a contract or deal prompting a court to modify or nullify it. [read post]