Publications

Articles on Discovery

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.

Striking the Right Balance: New Supreme Court Rule 213

By Hon. Barbara A. McDonald
August
2002
Article
Page 406
While not perfect, the newly amended version of Rule 213 should require adequate disclosure while reducing hypertechnical motions.

Correspondence from Our Readers

July
2002
Column
Page 334
Put family first.

Defending the Deposition

By Maureen B. Collins
July
2002
Column
Page 379
Your job is to protect deponents from the undue influence of an overzealous opposing counsel; and from their own confusion and intimidation.

Taking the Deposition (and Getting it Right)

By Maureen B. Collins
June
2002
Column
Page 323
Remember that the responses you elicit in a deposition are likely to be only as good as the questions you ask.

Preparing to Take a Deposition

By Maureen B. Collins
May
2002
Column
Page 269
The first of three articles addressing the skills you need to take and defend a deposition.

Rule 213 changes take effect July 1

By Helen W. Gunnarsson
May
2002
LawPulse
Page 226
Litigators from both the plaintiffs' and defense bar like the amended rule's new three-class system for opinion witnesses: lay, independent expert, and controlled expert.

Correspondence from Our Readers

April
2002
Column
Page 162
Must the author of a "certificate of merit" be disclosed?

Write for Success in Discovery

By Maureen B. Collins
March
2002
Column
Page 149
Don't underestimate the importance of interrogatories and other forms of written discovery as a way to glean information that can strengthen your case.

Healing-Art Malpractice Report: Must the Reporter be Identified?

By David F. Monteleone
February
2002
Article
Page 93
This author argues that plaintiffs can ignore the disclosure provisions.

A New, Improved Rule 213?

By Helen W. Gunnarsson
February
2002
LawPulse
Page 62
Rule 213, introduced a few years ago to solve problems caused by old Rule 220, is causing problems of its own. The Supreme Court Rules Committee has proposed another fix for the rule governing admission of opinion testimony.

To Write or Not to Write: Written and Oral Discovery Compared

By Maureen B. Collins
February
2002
Column
Page 97
Interrogatories and depositions each have their strengths and weaknesses; here are basic guidelines for deciding when to use which discovery technique.

Supreme Court Rule 213 imposes a mandatory duty on parties to disclose trial witnesses and the subject of their testimony upon written interrogatory

October
2001
Illinois Law Update
Page 516
On August 20, 2001, the Appellate Court of Illinois, First District, reversed the trial court and granted the plaintiff insurance company a new trial, holding that the defendant had violated the disclosure requirements of Supreme Court Rule 213. 177 Ill 2d R 213.

Correspondence from Our Readers

May
2001
Column
Page 222
The meaning of Phar-Mor    

Correspondence from Our Readers

April
2001
Column
Page 162
Helping property taxpayers with reductions: not necessarily UPL?

Correspondence from Our Readers

March
2001
Column
Page 110
Rule 213 not the answer.

Rule 213(g): The “Solution” to Rule 220 Creates New Problems

By Hon. Barbara A. McDonald
February
2001
Article
Page 80
Last month's IBJ focused on the practical implications of Rule 213(g); this month's article undertakes a thorough analysis and offers recommendations for improvement.

Defending Transportation Cases: A Pretrial Preparation Primer

By James F. McCluskey and E. Angelo Spyratos
January
2001
Article
Page 41
Defense lawyers: think "trial" the minute you get a case.

The Dos and Don’ts of Rule 213 Opinion Witness Discovery

By Daniel P. Wurl
January
2001
Article
Page 22
Guidelines for conducting opinion witness discovery in Illinois.

An Introduction to Opinion Testimony Disclosures in Illinois

By Richard L. Miller II
January
2001
Article
Page 18
An overview of Rule 213(f) and (g) and the cases interpreting them.

Legislation shifts burden of proof—P.A. 91-770

December
2000
Illinois Law Update
Page 690
Persons found not guilty by reason of insanity will bear the burden of proving that they are well enough to leave a secure mental hospital under an amendment to the Uniform Code of Corrections.

Expert Testimony and Valuing Goodwill at Divorce

By Michael W. Kalcheim
November
2000
Article
Page 652
Find out when and how personal goodwill should be valued at divorce, and how to present and cross-examine experts.

Protecting Evidence of Self-Critical Analysis From Discovery in Illinois

By Michelle R. Mosby-Scott and Michael Todd Scott
November
2000
Article
Page 648
A review of self-critical-analysis privilege under federal and state law.

Trial court did not abuse its discretion in allowing deposition testimony of plaintiff’s doctor taken 25 months prior to trial regarding plaintiff’s prognosis

November
2000
Illinois Law Update
Page 624
On September 21, 2000, the Supreme Court of Illinois affirmed the appellate court's decision that it was not error for the trial court to have admitted deposition testimony regarding the plaintiff's prognosis when the testimony was given 25 months prior to trial.

Confidential supervisory information disclosure

October
2000
Illinois Law Update
Page 563
On July 28, 2000, the Illinois Office of Banks and Real Estate adopted new sections to section 325 of the Illinois Administrative Code. 38 Ill Adm Code 325.

Appeal of child abuse and neglect investigation

September
2000
Illinois Law Update
Page 500
On June 1, 2000, the Illinois Department of Children and Family Services (department) adopted new sections and amendments to section 336 of the Illinois Administrative Code. 89 Ill Adm Code 336.

Governor signs new law mandating the preservation of evidence, withholds authority to exercise amendatory veto P.A. 91-871

September
2000
Illinois Law Update
Page 500
The 91st General Assembly has taken a second major step toward ensuring criminal justice by requiring that physical evidence used to convict criminals be preserved for DNA and other testing in post-trial proceedings.

Statute permitting medical records to be given to law enforcement officials investigating motor vehicle accident deemed constitutional

September
2000
Illinois Law Update
Page 500
On July 6, 2000, the Supreme Court of Illinois reversed the circuit court's finding that section 11-501.4-1 ("the section") of the Illinois Motor Vehicle Code is unconstitutional and violated the defendant's right to privacy of his medical records.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

Protecting Trade Secrets During Litigation: Policies and Procedures

By William Lynch Schaller
May
2000
Article
Page 260
Find out how to reduce the risk that you'll reveal proprietary information during litigation.

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