Publications

Articles on Discovery

From the Newsletters - When is an e-discovery request too burdensome?

June
2017
Article
Page 23
A recent appellate court opinion helps lower courts determine when an e-discovery request is too broad or intrusive.

Discovering a Defendant’s Identity: The Evolution of Rule 224

By Kimberly Glasford
April
2016
Article
Page 28
For plaintiffs who need to identify defendants before suing for damages - or, perhaps, hope to "out" or shame them - Illinois Supreme Court Rule 224 can be an option. But despite a few decisions interpreting the rule, the law remains uncertain.

From the Newsletters - 5 important changes to federal discovery rules.

April
2016
Article
Page 47

Clarified definition of activities constituting “discovery”

September
2015
Illinois Law Update
Page 18
This bill would amend the Code of Civil Procedure to update certain discovery provisions. It has passed through both chambers and was sent to the governor for action on June 18, 2015.

New Rules for Discovery of Electronically Stored Information

By Gabriel Reilly-Bates, Richard Y. Hu, and Claire E. Brennan
October
2014
Article
Page 480
New Illinois Supreme Court rule amendments require parties to weigh the costs and benefits of ESI discovery, among other important changes. Here's a review.

Seventh circuit pilot program focuses on improving e-discovery

By Matthew Hector
September
2014
LawPulse
Page 418
A pilot program centered in Chicago is developing a set of procedures designed to improve the efficiency of electronic discovery in federal cases.

E-discovery rule changes allow format choice, prevent abuse

By Matthew Hector
August
2014
LawPulse
Page 366
Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.

Plaintiffs’ Secret Weapon: The Illinois Respondent in Discovery Statute

By Kaitlyn Anne Wild
January
2014
Article
Page 24
This little-known statute enables plaintiffs - but not defendants - to take discovery from a non-party respondent and provides a six-month "grace period" from statutes of limitations.

Facebook: What Family Lawyers Should Know

By Adam C. Kibort
July
2013
Article
Page 344
A look at Facebook-related issues that arise during divorce and suggestions for advising your clients.

Managing Discovery of Electronically Stored Information in Illinois

By Professor Jeffrey A. Parness
June
2013
Column
Page 316
While other jurisdictions address discovery challenges posed by ESI, Illinois has yet to act.

Divorce Without Discovery: A New Landmine in Marital Litigation

By Reuben A. Bernick
May
2013
Article
Page 238
A recent case holds that if you don't conduct formal discovery in your divorce case, you may lose the right to reopen the judgment after it's entered, even to seek assets that weren't disclosed.

Rules committee hears proposals on divorce, criminal law, evidence issues

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
Proposals address financial disclosure in divorce, how judges describe defendants' decision not to testify, and how to handle inadvertent disclosure of documents.

Hot Button Civil Evidence Issues: The 2011 Allerton Conference

By Jeffrey A. Parness
December
2011
Article
Page 632
This year's Allerton Conference focused on electronic evidence, spoliation, and other important topics not squarely addressed by Illinois' recent evidence-rules codification.

Evaluating Protective Orders for Discovery Materials

By Jo Anna Pollock
November
2011
Article
Page 576
Litigants 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 Expenses

By Christ S. Stacey
September
2011
Article
Page 456
Plaintiffs 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.

Court-ordered mental health reports not confidential under IMDMA

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

Who Posted That? Anonymous Online Speech and the First Amendment

By Sarah A. Smith
April
2011
Article
Page 194
There's a trend in defamation litigation to use pre-suit discovery procedures to uncover the identities of anonymous online commenters. The author considers the implications.

The Power of Pre-Suit Discovery: Supreme Court Rule 224

By Timothy J. Harris
March
2011
Article
Page 136
Pre-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. Gunnarsson
February
2011
LawPulse
Page 66

Berry and discovery depositions: hard cases make new rules

By Helen W. Gunnarsson
January
2011
LawPulse
Page 10

Nonparty Discovery Under the Federal Arbitration Act

By Mitchell L. Marinello and John Haarlow Jr.
September
2010
Article
Page 476
The 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.

Does What Happens on Facebook Stay on Facebook?Discovery, Admissibility, Ethics, and Social Media

By Beth C. Boggs and Misty L. Edwards
July
2010
Article
Page 366
What are the limits on discovery and admissibility of content gathered on social media sites? This article looks at the emerging case law.

The Discovery Deposition and Disfavored Evidence

By Joanne Hannaway Sweeney and Benjamin J. Wimmer
November
2009
Article
Page 576
A 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 country

By Helen W. Gunnarsson
September
2009
LawPulse
Page 438

Cross-Examination of Experts: Saving the Best for Trial

By Keith L. Davidson
February
2009
Article
Page 94
A veteran litigator warns against revealing so much during discovery that you limit your ability to effectively cross-examine experts at trial.

Electronic Discovery: Dealing with Disclosure of Metadata

By Joseph R. Marconi
January
2009
Article
Page 24
The question isn't whether confidential client information will be disclosed during electronic discovery but what to do when it happens.

Subpoena for medical records

January
2009
Illinois Law Update
Page 16
On 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).

Depositions of Gravely Ill Illinois Claimants

By Professor Jeffrey A. Parness
September
2008
Column
Page 476
 A majority in Berry found that while the trial court ruled correctly the system failed.

Fees for Physician Testimony: What’s Reasonable?

By Timothy J. Harris
September
2008
Article
Page 460
A look at the governing rules, along with common-sense ways lawyers can keep doctors from charging too much for testifying.

Negligent Spoliation in the Wake of Jones v O’Brien Tire and Battery

By Shane M. Carnine
September
2008
Article
Page 470
A recent appellate case arguably changes the requirements for a spoliation claim.

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