CBA Record

allowed but encouraged. Hall v Turney, 56 Ill.App.3d 644, 649, 371 N.E.2d 1177, 1181 (1st Dist. 1977). Of course, this raises the obvious question as to whether the value of the time that the lawyer will spend on the bystander’s report of proceedings will be any less than the court reporter’s write up charges. Agreed statement of facts Finally, there is one quick and easy alter- native to both a court reported verbatim report of proceedings and a bystander’s report of proceedings. Rule 323(d) permits the parties to file an agreed statement of facts by written stipulation, in lieu of a ver- batim report of proceeding or a bystander’s report of proceedings. This instrument may, but need not, read like a report of proceedings. It may be a simple narrative of all the agreed facts, or it may be a narrative of each witness’s testimony like a report of proceedings, or both. The stipulation as to facts, in lieu of a report of proceedings, is infrequently used in Illinois appellate practice. Over the last 46 years, the author has been involved in 110 appeals that were decided by review- ing courts and another 20 or so that were concluded before a decision on the merits was rendered by the reviewing court. In not one of those cases was there even a proposal for an agreed statement facts, let alone the use of one. Guide yourself accordingly. Richard Lee Stavins is a partner in the law firm of Robbins, Salomon & Patt, Ltd. in Chicago. He concentrates his practice in trial and appellate litigation. He is a member of the CBA Tort Litigation and Circuit Court Committees

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