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Home/State Laws/Illinois

Illinois Mock Trial Rules

Midwest

IL · Capital: Springfield

Evidence Rules

Illinois Rules of Evidence

Citation: Ill. R. Evid. (adopted 2011)

Key Differences from Federal Rules of Evidence

  • Illinois adopted its codified Rules of Evidence in 2011, closely modeled on the FRE but preserving certain common-law traditions
  • Ill. R. Evid. 702 incorporates the Frye standard for expert testimony rather than the Daubert standard used under FRE 702
  • Illinois does not follow FRE 404(b) notice requirements; instead, prior bad acts evidence is governed by case law such as People v. Lindgren

Notable Rules

RuleDescription
Ill. R. Evid. 702Expert testimony admissibility follows the Frye "general acceptance" test rather than the Daubert reliability framework
Ill. R. Evid. 803(2)Excited utterance exception is interpreted broadly, allowing statements made after significant time lapses if declarant remains under stress
Ill. R. Evid. 606(b)Jury impeachment rule is narrower than FRE 606(b), with limited exceptions for extraneous prejudicial information

Trial Procedure

Civil Procedure

735 ILCS 5 (Code of Civil Procedure)

Criminal Procedure

725 ILCS 5 (Code of Criminal Procedure)

Key Features

  • Illinois uses a two-tier trial court system with Circuit Courts as general jurisdiction courts
  • Mandatory arbitration required for civil cases under $50,000 in many counties
  • Illinois permits voir dire conducted primarily by attorneys rather than the judge

Jury Rules

6

Civil Jury Size

12

Criminal Jury Size

No

Unanimity Required

  • Civil juries consist of 6 jurors; parties may stipulate to 12 in complex cases
  • Criminal felony juries require 12 jurors with unanimous verdict
  • Civil verdicts require concurrence of five-sixths of the jurors (5 of 6)

Special Features

Dead Man's Act

Illinois retains the Dead Man's Act (735 ILCS 5/8-201), barring testimony by interested parties about conversations with deceased persons in civil cases involving estates

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Other Midwest States

IN — IndianaIA — IowaKS — KansasMI — MichiganMN — MinnesotaMO — MissouriNE — NebraskaND — North DakotaOH — OhioSD — South DakotaWI — Wisconsin
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