![]() General Motors Corp., 692 NE 2d 286 – Ill: Supreme Court 1998Ĭlearly a surprise exhibit is adverse and prejudicial. “The factors a trial court is to use in determining what sanction, if any, to apply are: (1) the surprise to the adverse party (2) the prejudicial effect of the proffered testimony or evidence (3) the nature of the testimony or evidence (4) the diligence of the adverse party in seeking discovery (5) the timeliness of the adverse party’s objection to the testimony or evidence and (6) the good faith of the party offering the testimony or evidence.” Shimanovsky v. “If a party, or any person at the instance of or in collusion with a party, unreasonably fails to comply with hat a witness be barred from testifying concerning that issue” Ill. Should your opponent be attempting to introduce exhibits they had access to but did not tender after being properly requested to do so, that is a basis to object to the exhibit. If an exhibit is presented by your opponent which you have never seen, first refer to the Notices To Produce that you have already tendered on your opponent. In fact, only a fool would provide their exhibits to the opposing side in advance for inspection. If You Have Never Seen The Fake Document Before It Is Introduced In An Illinois Divorce Trial Or HearingĪt temporary hearings before the actual divorce trial, there is rarely a requirement that proposed exhibits be exchanged. ![]() The tactics for challenging a fake document in an Illinois divorce court depend on whether you have ever seen the document before. That exhibit must be challenged immediately or the exhibit be accepted as valid by the trial court. When an exhibit is offered that is suspect, fake or a forgery, that exhibit poses a big problem for the other side. Exhibits make a factual finding by the court based on the entered exhibit practically unappealable. This is what makes entered exhibits so powerful. “An order is against the manifest weight of the evidence only when an opposite conclusion is apparent or when the findings appear to be unreasonable, arbitrary and not based on the evidence.” In re Vanessa K., 2011 IL App (3d) 100545 – Ill: Appellate Court, 3rd Dist. “Where a trial court makes factual findings, this court reviews those factual findings under the manifest-weight-of-the-evidence standard.” In re Guardianship of KRJ, 942 NE 2d 598 – Ill: Appellate Court, 4th Dist. ![]() If exhibits are introduced into evidence an appeals court can review those exhibits can confirm or deny that the trial court came to the proper conclusion based on “the manifest weight of the evidence” The point of an exhibit is two-fold, to corroborate the testimony, therefore making the testimony more likely true than not true AND to preserve the record for appeal. “’To corroborate’ means to add weight or credibility to a thing by additional and confirming facts or evidence, and ‘corroborating evidence’ means evidence supplementary to that already given and tending to strengthen or confirm it.” In re AP, 688 NE 2d 642 – Ill: Supreme Court 1997 Exhibits are then authenticated and offered during testimony to corroborate what has been testified to. ![]() In a divorce, most evidence is testimony from witnesses describing what happened over that period of time. No single document can possibly seal the fate of an Illinois divorce. In an Illinois divorce, a singular piece of physical evidence that has real impact on the rest of the case is rare.Ī divorce is the unwinding of a years-long relationship, not the determination of what happened in an instant like a criminal or a personal injury case. In the movies, there is always one piece of physical evidence that completely makes or ruins their criminal or civil case. ![]()
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