Publications

Illinois Bar Journal
Articles on Discovery

eDiscovery: A New Approach to Discovery in Federal and State Court By Scott A. Carlson and Ronald L. Lipinski April 2007 Article, Page 184 Changes in technology have altered the way lawyers deal with evidence. The electronic-discovery amendments to the federal rules reflect these changes.
E-Discovery in Illinois Civil Actions By Professor Jeffrey A. Parness March 2007 Column, Page 150 Wholesale adoption of federal discovery rules by Illinois State courts may be unwise.
Discovery rules changed for appeals of property assessments of over $1 million December 2006 Illinois Law Update, Page 650 The Property Tax Appeal Board (Board) has added section 1910.79 and amended section 1910.95 of 86 Ill Adm Code 1910, effective September 29, 2006, in order to "streamline and expedite the appeal process" for appeals on property assessments of $1 million or more.
Coming soon: new federal e-discovery rules By Helen W. Gunnarsson November 2006 Lawpulse, Page 578 Among other things, the amendments, effective December 1, allow routine purging of and address inadvertent disclosure of electronic data.
Does attorney-client privilege shield a witness' contemporaneous personal notes? By Helen W. Gunnarsson October 2006 Lawpulse, Page 518 Probably not, according to the second district's reasoning in a recent case. 
Strict compliance versus "substantial justice" By Helen W. Gunnarsson October 2006 Lawpulse, Page 518 In deciding whether to give a party extra time to respond to a request to admit, can a court consider the other party's failure to comply with another rule? The first district says "yes." 
The Duty to Disclose Exculpatory Evidence Discovered After Trial By Brendan Max March 2006 Article, Page 138 The author argues that such a duty exists based on the U.S. Supreme Court's Brady case and Illinois discovery and ethics rules
Rule 222 -the high cost of noncompliance By Helen W. Gunnarsson February 2006 Lawpulse, Page 62 Plaintiffs who fail to heed the disclosure rule, which governs specified cases implicating $50,000 or less in damages, face the extinguishment of their claim. 
Admission of Facts in Discovery: Avoiding the Rule 216 Trap By John J. Hynes August 2005 Article, Page 402 Failure to comply with discovery requests can lead to dire consequences. Find out what's at stake and what to do about it.
Spoliation of Evidence: Responding to Fire Scene Destruction By Gerald O. Sweeney Jr. and P. Russell Perdew July 2005 Article, Page 358 A look at the discovery, motion practice, and trial techniques defendants can use in response to destruction of a fire scene.
Waiver of Privilege for Documents Inadvertently Disclosed During Discovery By Andrew N. Plasz March 2005 Article, Page 126 How do Illinois courts respond when a party claims that an inadvertently produced document is still privileged? Here's a review of the cases
Challenging the Medical Studies Act's Peer-Review Privilege By Judy L. Cates November 2004 Article, Page 582 A plaintiff's-eye view of this important limit on discovery in med-mal cases.
It's Time to Move Beyond Separate Discovery and Evidence Depositions in Illinois By Mark E. McNabola July 2004 Article, Page 344 The author argues that the Illinois approach is a disincentive to well-prepared, thorough depositions.
The Brave New World of Electronic Evidence Discovery By R. Mark Halligan June 2004 Article, Page 296 Most information is stored and sent electronically, but most litigators live in the peper-laden past. Here's an overview of e-discovery issues.
The Case for Allowing Expert Assistance at Depositions By Leon I. Finkel and Lena Goretsky Winters March 2004 Article, Page 151 The authors argue that courts should routinely allow attorneys to bring retained experts to help depose opponents.
Interrogatories: the numbers game By Helen W. Gunnarsson December 2003 Lawpulse, Page 594 What if you're presented by an opponent with too many interrogatories, or what if you want to exceed the limits yourself? Here are some ideas.
Discovery of Medical Information After HIPAA: A Litigator's Guide By Katherine L. Dzik November 2003 Article, Page 554 HIPAA has changed the rules for obtaining medical information from health care providers. Here's a brief guide, complete with forms.
Trial court's error in allowing improper and untimely answers to a Rule 216 request held as cause for a new trial October 2003 Illinois Law Update, Page 492 On June 30, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the Circuit Court of Cook County denying the defendant's motion to strike the plaintiffs' answers to requests for admissions submitted to them pursuant to Supreme Court Rule 216, 134 Ill.2d R. 216.
Trial court may not tax as costs the professional fee charged by nonparty treating physician for attendance at evidence deposition July 2003 Illinois Law Update, Page 332 On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.
The power of special interrogatories By Helen W. Gunnarsson October 2002 Lawpulse, Page 506 They're a useful tool for the plaintiffs' bar as well as the defense, a trial lawyer says.
Striking the Right Balance: New Supreme Court Rule 213 By Hon. Barbara A. McDonald August 2002 Article, Page 406 While not perfect, the newly amended version of Rule 213 should require adequate disclosure while reducing hypertechnical motions.
Correspondence from Our Readers July 2002 Column, Page 334 Put family first.
Defending the Deposition By Maureen B. Collins July 2002 Column, Page 379 Your job is to protect deponents from the undue influence of an overzealous opposing counsel; and from their own confusion and intimidation.
Taking the Deposition (and Getting it Right) By Maureen B. Collins June 2002 Column, Page 323 Remember that the responses you elicit in a deposition are likely to be only as good as the questions you ask.
Preparing to Take a Deposition By Maureen B. Collins May 2002 Column, Page 269 The first of three articles addressing the skills you need to take and defend a deposition.
Rule 213 changes take effect July 1 By Helen W. Gunnarsson May 2002 Lawpulse, Page 226 Litigators from both the plaintiffs' and defense bar like the amended rule's new three-class system for opinion witnesses: lay, independent expert, and controlled expert.
Correspondence from Our Readers April 2002 Column, Page 162 Must the author of a "certificate of merit" be disclosed?
Write for Success in Discovery By Maureen B. Collins March 2002 Column, Page 149 Don't underestimate the importance of interrogatories and other forms of written discovery as a way to glean information that can strengthen your case.
Healing-Art Malpractice Report: Must the Reporter be Identified? By David F. Monteleone February 2002 Article, Page 93 This author argues that plaintiffs can ignore the disclosure provisions.
A New, Improved Rule 213? By Helen W. Gunnarsson February 2002 Lawpulse, Page 62 Rule 213, introduced a few years ago to solve problems caused by old Rule 220, is causing problems of its own. The Supreme Court Rules Committee has proposed another fix for the rule governing admission of opinion testimony.
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