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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