Ronald Menna, Jr. Explains the Demise of the Best Evidence Rule in the ISBA’s Trial Briefs

Ronald Menna, Jr. shares insights on the demise of the common law best evidence rule in the May 2024 edition of the Illinois State Bar Association’s Trial Briefs section newsletter.

In “The Death of the Best Evidence Rule,” Ron explains that the rule began eroding prior to the Illinois Supreme Court’s adoption of the Illinois Rules of Evidence. Recently, in People v. Smith the Supreme Court held that the Illinois Rues of Evidence codified and abrogated the common law best evidence rules.

Today, an objection based on the best evidence rule is no longer cognizable. Rather, the admission of duplicates or “other evidence” is controlled by the Illinois Rules of Evidence.

Ron’s primary areas of practice are civil appeals, commercial litigation, chancery actions, and association representation. He represents a wide variety of individuals and corporate clients, as well as banks, corporate fiduciaries, and individuals in guardianship proceedings. Ron has extensive trial experience in both state and federal courts and has successfully argued before the Illinois Appellate Court and the U.S. Seventh Circuit Court of Appeals.