In an interlocutory appeal, defendant challenged the trial court’s imposition of sanctions for failing to follow a trial court discovery order requiring the production of a cell phone for forensic examination. The appellate court affirmed, finding that the trial court was “generous” in its efforts to resolve the discovery dispute and that there was no valid justification for defendant’s refusal to allow forensic analysis of his cell phone by an independent examiner during the three-year discovery dispute. The appellate court also found that defendant did not make a good faith effort at any point in time to comply with the order and that this refusal was frivolous and in bad faith. The appellate court also found that the appeal was frivolous and not brought in good faith and ordered defendant and his attorneys to pay the plaintiff’s attorney’s fees and costs. (KNECHT and DeARMOND, concurring)
Illinois Appellate Court
Civil Court
Discovery Sanctions