Illinois Bar Journal


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Articles on Discovery

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.
The Quandary Facing Deponents Who Err at Deposition By Robert S. Minetz May 2000 Article, Page 276 The Supreme Court Rules should allow deponents who err during depositions to correct their testimony on the errata sheets, this author argues.