Publications

Articles on Discovery

No discovery deps allowed

By Helen W. Gunnarsson
August
2008
LawPulse
Page 384
A recent case underscores the importance of taking a party's evidence - not discovery - deposition if he or she may die before trial.

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.

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