Illinois Bar Journal


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Articles on Discovery

Clients behaving badly By Helen W. Gunnarsson May 2008 LawPulse, Page 230 When a client or witness spins out of control during a hearing or deposition, is doing nothing a safe route?
Duty to disclose triggered by written interrogatories only March 2008 Illinois Law Update, Page 124 On December 26, 2007, the Illinois Appellate Court, Fourth District, reversed the holding of the Circuit Court of Sangamon County and remanded for renewed discovery and trial proceedings. 
No psych-record access for “garden variety” employee emotional distress claims By Helen W. Gunnarsson February 2008 LawPulse, Page 66 A recent ruling explains when employer-defendants can and cannot get access to employee-plaintiffs' medical and psychological records when employees sue for emotional distress cause by illegal discrimination.
Contacting, deposing employees of opposing parties: a how-to By Helen W. Gunnarsson January 2008 LawPulse, Page 10 Don’t just call up your opponent’s employees, even if they’re working elsewhere. Consider first whether doing so might violate legal or ethical rules.
Vision Point : A Course Correction on Requests to Admit By Timothy J. Storm January 2008 Article, Page 26 This important new opinion makes it easier for judges to allow extensions for responding to requests to admit.
Correspondence from Our Readers December 2007 Column, Page 618 Returning phone calls, etc.
Rule 216 requests to admit: no more “gotcha” games By Helen W. Gunnarsson November 2007 LawPulse, Page 570 With its Vision Point ruling, the Illinois Supreme Court gives trial courts the power to allow late or otherwise deficient answers to Rule 216 requests to admit.
Asked and Answered September 2007 Column, Page 496 What do you do with uncooperative opposing counsel?
Using CFEs and Motions to Compel Disclosure in White-Collar Criminal Defense By Frank S. Perri August 2007 Article, Page 432 Expert help and skillful motion drafting can help defense counsel respond to prosecution "document dumping" in complex criminal fraud cases..
Oppositional depositions - telling your client not to answer By Helen W. Gunnarsson May 2007 LawPulse, Page 230 A recent federal case sheds light about when and how lawyers can counsel their clients to refuse to answer questions in a deposition.
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.