Evaluating Protective Orders for Discovery MaterialsBy Jo Anna PollockNovember 2011Article, Page 576Litigants often seek protective orders to limit disclosure of clients' sensitive documents during discovery. But be wary of attempts by the requesting party to gain an unfair advantage.
Using Requests to Admit to Prove Medical ExpensesBy Christ S. StaceySeptember 2011Article, Page 456Plaintiffs use requests to admit to establish the reasonableness of medical bills. A recent appellate case holds that defendants must either admit or deny the request or explain why they can't.
The Power of Pre-Suit Discovery: Supreme Court Rule 224By Timothy J. HarrisMarch 2011Article, Page 136Pre-suit discovery under SCR 224 is a powerful and underused way to identify potential parties, investigate an incident, protect evidence, and avoid secondary spoliation claims.
Are courts cracking down on refusals to answer requests to admit?By Helen W. GunnarssonFebruary 2011Lawpulse, Page 66At least one lawyer thinks he sees a trend.
Requests to admit are powerful pretrial tools, as every litigator knows. But many courts are reluctant to enforce supreme court rules specifying that requests must be answered or deemed admitted and that wrongful denials trigger attorney-fee awards.
Nonparty Discovery Under the Federal Arbitration ActBy Mitchell L. Marinello and John Haarlow Jr.September 2010Article, Page 476The Federal Arbitration Act places sharp limits on a party's ability to obtain information from a nonparty, but it can be done. Here's a guide.
The Discovery Deposition and Disfavored EvidenceBy Joanne Hannaway Sweeney and Benjamin J. WimmerNovember 2009Article, Page 576A recent amendment to the Illinois Supreme Court Rules obscures the purpose of the discovery deposition and the range of its uses
Deposing a witness in a foreign countryBy Helen W. GunnarssonSeptember 2009Lawpulse, Page 438If you find yourself among the growing ranks of lawyers who need to conduct extraterritorial depositions, here's how to proceed.
Subpoena for medical recordsJanuary 2009Illinois Law Update, Page 16On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).
No discovery deps allowedBy Helen W. GunnarssonAugust 2008Lawpulse, Page 384A recent case underscores the importance of taking a party's evidence - not discovery - deposition if he or she may die before trial.
Clients behaving badlyBy Helen W. GunnarssonMay 2008Lawpulse, Page 230When a client or witness spins out of control during a hearing or deposition, is doing nothing a safe route?
Rule 216 requests to admit: no more "gotcha" gamesBy Helen W. GunnarssonNovember 2007Lawpulse, Page 570With its Vision Point ruling, the Illinois Supreme Court gives trial courts the power to allow late or otherwise deficient answers to Rule 216 requests to admit.
Asked and AnsweredSeptember 2007Column, Page 496What do you do with uncooperative opposing counsel?