A Proposal to Amend Rule 407 of the Federal Rules of Evidence to Conform with the Underlying Relevancy Rationale for the Rule in Negligence and Strict Liability Actions

The current version of FRE 407 prevents the use of evidence of remedial measures taken after an event that caused an injury or harm in order to prove negligence, culpable conduct, or strict product liability. Our proposal is that the language of Rule 407 be amended to preclude the admissibility of remedial measures which are taken both before and after an injury. This change will implement the relevancy rationale for the rule

Why Illinois Should Adopt Federal Rule of Evidence 803(18) to Allow the Learned Treatise Exception to the Hearsay Rule

Illinois still adheres to a rigid and outdated common law principle that treats a learned treatise as hearsay. This principle stands at odds with the adoption of Federal Rules of Evidence 703 and 705 by the Illinois Supreme Court. Illinois courts have developed clever ways to get around the common law prohibition; thereby creating an incoherent and inconsistent jurisprudence that at times yields bizarre outcomes. Adoption of the federal learned treatise exception to the hearsay rule would set out a consistent standard in Illinois for the admissibility of a learned treatise and allowing it as substantive evidence. First, this article will lay out the current standards in Illinois regarding the use of learned treatises. It will focus on the inconsistencies in the application of the current Illinois common law and then address how adoption of this hearsay exception will increase efficiency among trial courts