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Nonresponsive Answers In An Illinois Divorce - Russell D. Knight · BSPE Legal Marketing Podcast

• 0:00
  Nonresponsive Answers In An Illinois Divorce In an Illinois divorce hearing or trial, a witness who refuses to answer your question directly can quietly derail your entire case strategy.
• 0:11
  Whether evasive, equivocal, or simply off-topic, a nonresponsive answer is not just frustrating — it is a procedural problem that Illinois courts are empowered to correct.
• 0:23
  The questioning attorney has the right to object immediately by stating 'Objection — nonresponsive — please strike that answer from the record.' According to the Illinois Supreme Court in People v. Fritz, it is the duty of the court to strike nonresponsive answers when a proper motion to do so is made.
• 0:40
  Once the judge strikes the answer, they should also direct the witness to properly respond to the original question that was asked.
• 0:48
  Illinois courts have recognized that denying the questioning attorney the ability to strike nonresponsive answers would make direct examination far more difficult and render cross-examination virtually useless.
• 1:00
  Critically, only the attorney conducting the examination may object to a nonresponsive answer — the opposing attorney cannot raise this objection on your behalf.
• 1:10
  This rule was confirmed in Hester v. Goldsbury, where an Illinois Appellate Court held that an attorney not conducting the examination may not have unresponsive testimony stricken.
• 1:21
  Nonresponsive answers do not only arise in courtroom testimony — they can also appear during the discovery process through depositions, interrogatories, and requests to admit.
• 1:31
  Illinois law places a good-faith obligation on every party to make a reasonable effort to secure and provide accurate answers during the discovery phase of a divorce case.
• 1:41
  When a party provides evasive or irrelevant answers during discovery, the requesting party may file a motion to compel a proper response from the court.
• 1:51
  Under Illinois Supreme Court Rule 219, a court can enter orders staying further proceedings or even barring a witness from testifying if they fail to comply with discovery obligations.
• 2:02
  The proper way to refuse a discovery request is through a formal objection, which the requesting party can then challenge before the trial court through a properly noticed motion.
• 2:11
  Controlling what a witness says — and holding them accountable when they stray — is one of the most powerful tools a skilled divorce lawyer has in protecting a client's case.
• 2:21
  Whether you are navigating courtroom testimony or pretrial discovery, having an experienced family law attorney at your side ensures that your questions get the answers they deserve.
• 2:32
  Call the Law Office of Russell D. Knight at 773, 334, 6311, located at 1165 N Clark St #700, Chicago, IL 60610, United States, to schedule your consultation today.