Publications

Section Newsletter Articles on Discovery

So you want to subpoena a party’s e-mails? By George S. Bellas and Steve Ford Civil Practice and Procedure, November 2014 Many courts across the United States have quashed subpoenas on the basis that an Internet service provider cannot be compelled to disclose a party’s e-mails pursuant to a civil subpoena.
Proposed changes to federal discovery rules put premium on early case assessment By Daniel Thies Federal Civil Practice, April 2014 Assuming these significant changes are adopted, lawyers practicing in federal court must become familiar with them and be prepared for the additional responsibilities they impose early in the life cycle of a case.
Discovery rule saves plaintiffs’ fraud claims against investment firm (IL – 2d Dist) By Paul B. Porvaznik Commercial Banking, Collections, and Bankruptcy, January 2014 Rasgaitis v. Waterstone Financial Group, Inc. has real value because of its thorough discussion of agency law.
Update on expert practice: Expert discovery By Jo Anna Pollock Federal Civil Practice, December 2013 Save the date for "Experts Exposed: Expert Practice in Federal Court from A to Z," which will take place on February 21, 2014. 
Court upholds use of absent witness’ discovery deposition By Robert T. Park Civil Practice and Procedure, November 2013 In the recent decision of Calloway v. Bovis, the appellate court upheld jury awards totaling nearly $10 million dollars against a construction manager in a case arising from a trench collapse that killed a father and seriously injured his son
Application of discovery rules to requests to admit By Kevin Lovellette Government Lawyers, June 2012 One issue that has recently seen increased litigation is whether Requests to Admit are discovery devices subject to the requirements of discovery rules and orders of court.
Discovery of social media: Document requests in a friend request world By Timothy J. Chorvat and Laura E. Pelanek Civil Practice and Procedure, April 2012 To date, there are no reported cases in Illinois regarding the discoverability of social media data, although these materials are being produced in discovery and introduced into evidence.
FRCP 45—The toolbox of discovery has pending amendments By Ambrose V. McCall Federal Civil Practice, March 2012 All Illinois counsel who practice in federal court may want to calendar a few dates in late 2012 or early 2013 to not only check on the status of FRCP 45, but to review their office procedures to see if they comply with the provisions detailing how we use one of our primary tools for conducting discovery.
Reminder: Reliance on financial disclosure statement does not equal due diligence By Elizabeth A. Teague Family Law, February 2012 After the decision by the First District Appellate Court in Goldsmith v. Goldsmith, all family law practitioners need to be wary of forgoing formal discovery.
Sanctions and spoliation By Hon. Barbara Crowder Civil Practice and Procedure, August 2011 Knowing the potential and most frequently used sanctions may assist counsel in evaluating what steps to take when faced with the loss or destruction of evidence. 
Admitting a party’s discovery deposition By Jeffrey A. Parness Bench and Bar, June 2011 The case of Berry v. American Standard, Inc., 382 Ill. App. 3d 895 (5th Dist. 2008) prompted the recent amendment to Rule 212(a)(5) allowing into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
In-sites Government Lawyers, June 2011 Some resources for those interested in e-discovery.
Obtaining documents abroad: A primer for Illinois attorneys By Timothy J. Chorvat and Matthew A. Wlodarczyk Civil Practice and Procedure, May 2011 A look at the law relating to obtaining documents from sources abroad, and some suggestions on how to maximize the likelihood of obtaining useful information.
Admitting a party’s discovery deposition By Jeffrey A. Parness Civil Practice and Procedure, March 2011 A recent amendment to the Illinois Supreme Court Rules allows into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
Resolution of discovery issues when a cutoff date becomes unattainable By Peter LaSorsa Federal Civil Practice, December 2010 What to do when neither party is able to meet your already-extended discovery cut-off dates.
People of the State of Illinois v. Marina Kladis, No. 1-09-0686. Discovery sanctions in a misdemeanor DUI case can bar testimony of an arresting officer when a videotape has been discovered By Ava George Stewart Traffic Laws and Courts, November 2010 Kladis provides a roadmap for practitioners to avoid the destruction of discovery as well as what to do in the event the discovery is inadvertently destroyed.
Third-party discovery in arbitrations By Champ W. Davis Alternative Dispute Resolution, June 2010 Should parties be free to spell out the procedures they will abide by? Or should third-party discovery be eliminated altogether so that arbitration is faster and less costly? The Seventh Circuit has so far been split on the issue.
Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, Lt. By Amy D. Mitchell International and Immigration Law, May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.
eDiscovery issues: Authenticating e-mail produced in discovery By Scott A. Carlson and Jay C. Carle Civil Practice and Procedure, December 2009 This is the first in a series of articles about electronic discovery or “eDiscovery.” eDiscovery means a lot of different things to a lot of different people and each article will take on some discrete aspect of eDiscovery.
When consultants’ opinions are discoverable By Lauryn E. Parks and James F. McCluskey Tort Law, October 2009 The purpose of Illinois Rule 201(b)(3), as well as other comparable rules, is focused on protecting the identity of the consultant in order to encourage the communication of expertise. 
Judicial perspective on discovery disputes By Hon. Barbara Crowder Bench and Bar, November 2007 Discovery sounds at first blush like a fun, interesting detective activity entered into by counsel and parties to exchange facts and ideas in anticipation of settling or trying cases.
How to use the Respondent in Discovery statute to your advantage By Jamie L. Bas Young Lawyers Division, April 2006 One helpful statute that many young lawyers may not be aware of is the respondent in discovery statute, located at 735 ILCS 5/2-402.
Insurance companies beware: Documents normally privileged may be discoverable By D.J. Evans Civil Practice and Procedure, November 2005 The Fourth District Appellate Court’s decision in Western States Insurance Co. v. O’Hara places greater responsibility on insurance companies to deal fully and fairly with their insureds and third parties in response to discovery requests.