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Federal Civil PracticeThe newsletter of the ISBA’s Section on Federal Civil Practice

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Newsletter articles from 2005

Avoid being blindsided by Federal Rule Civil Practice 30(a)(2)(B) By Jack A. Strellis May 2005 Most lawyers are well aware that all depositions taken pursuant to Federal Rules are evidentiary in nature, yet many allow the opposing party to take the federal depositions of their client's treating or tendered medical professionals, economists, engineers and etc., as if the deposition is being taken for discovery purposes only.
Comparison snapshot of Illinois state and federal depositions: Types of depositions and how they are used By Michael S. Seneca May 2005 Illinois state courts draw a distinction between a discovery deposition and an evidence deposition. Ill. S. Ct. Rule 202.
Deposition rules to improve your success on summary judgment motions By Timothy J. Howard May 2005 Whether you represent the plaintiff or the defendant, there is always at least one element of your case that you believe is subject to summary judgment.
Effectively using Rule 36 in summary judgment motions By Travis J. Ketterman December 2005 The Seventh Circuit once described summary judgment as the “put up or shut up” moment in a lawsuit. Schacht v. Wisconsin Dept. of Corrections, 175 F.3d 497, 504 (7th Cir. 1999).
The Illinois accountant privilege in federal court By Janice M. Powell May 2005 Section 27 of the Illinois Public Accounting Act, 225 ILCS 450/27, states that "a licensed certified public accountant shall not be required by any court to divulge information or evidence which has been obtained by him in his confidential capacity as a public accountant."
Judicial Profile: U.S. Magistrate Judge Maria Valdez of the Northern District of Illinois By Devlin J. Schoop September 2005 Judge Maria Valdez, recently appointed to an eight-year term as a Magistrate Judge for the United States District Court for the Northern District of Illinois, has hit the ground running.
Proposed electronic discovery amendments to the Federal Rules—If it ain’t broke, don’t fix it By David J. Fish September 2005 The Civil Federal Rules Committee has proposed amendments to the Federal Rules of Civil Procedure relating to evidence stored electronically. (Hereafter, “electronic discovery”) The Rules Committee proposed the amendments in response to what is perceived by some as unique difficulties encountered with electronic discovery.
Response By William J. Brinkmann September 2005 Mr. Fish characterizes the discovery amendments as being urged “primarily by big business and defense lawyers.”
Review of the CM/ECF system—E-filing is mandatory for attorneys after September 30, 2005 By Patricia M. Fallon September 2005 All practitioners must file electronically before the U.S. District Court for the Northern District of Illinois after September 30, 2005.
Seventh Circuit Pattern Civil Jury Instructions now available online By Nawshaba Siddiquee December 2005 The Seventh Circuit Judicial Council has recently approved publication of the pattern civil jury instructions drafted by the Committee on Federal Civil Jury Instructions for the Seventh Circuit.
Someone you should know: Recently appointed Northern District of Illinois United States Magistrate Jeffrey Cole By Glenn R. Gaffney September 2005 Jeffrey Cole was installed as United States Magistrate, Northern District of Illinois on June 16, 2005.
Summary judgment By Gail L. Noll December 2005 Summary judgment is a powerful tool in civil litigation.
Summary judgment in the Southern District of Illinois By Tracy L. Prosser December 2005 Filing summary judgment motions in the District Court for the Southern District of Illinois is fairly straightforward.
Ten tips on taking a deposition By James F. Holderman May 2005 Although depositions typically come to a judge's attention only when rulings are needed or the deposition transcript is presented at trial, here are some practical thoughts I have developed from my years of practicing law and presiding on the bench that I believe all lawyers should consider in taking depositions.
U.S. Magistrate Donald G. Wilkerson By Jack A. Strellis September 2005 This early spring, Donald G. Wilkerson, of Glen Carbon, Illinois, age 53, continued his career as a public servant now serving as the newest federal magistrate judge within the Southern District of Illinois, filling the position formerly held by Magistrate Gerald B. Cohn.