Publications

Section Newsletter Articles on Discovery

Carlson v. Jerousek: Second District finds right to privacy outweighs needs of civil discovery By Laura Castagna and Amelia S. Buragas Tort Law, February 2018 Carlson provides a good reminder to practitioners that while discovery reaches information that is relevant or reasonably calculated to lead to the discovery of relevant information, there are indeed limits imposed by a party’s right to privacy.
A preliminary review of the Mandatory Initial Discovery Pilot Program By Mariangela Seale and Sarah Finch Bench and Bar, February 2018 With over half a year of the pilot program behind us, a review of the nuts and bolts of the MIDPP and a look at its practical application are in order.
Boilerplate objections in discovery—Tread lightly By Stanley N. Wasser Federal Civil Practice, December 2017 Are you addicted to responding to discovery requests with boilerplate objections? Well your cure might be a read of Judge Mark W. Bennett’s March 13, 2017 Memorandum Opinion in Liguria Foods, Inc. v. Griffith Labs., Inc.
Challenges litigators face serving discovery in Europe By David W. Aubrey International and Immigration Law, December 2017 This article will discuss a few examples of the various European Blocking Statutes, specifically those of France, Germany, and Switzerland.
Mandatory Initial Discovery Pilot Project By Deidre Baumann Federal Civil Practice, December 2017 Practitioners should keep in mind that the discovery obligations set forth in the Standing Order Regarding Mandatory Initial Discovery Pilot Project supersede the disclosures required by Rule 26(a)(1) and, with very limited exceptions, do not permit the parties to opt out.
Respondents in discovery: A procedure for streamlining litigation when used properly By James J. Ayres Civil Practice and Procedure, August 2017 The Illinois Code of Civil Procedure recognizes three categories of participants in a lawsuit, Plaintiff, Defendant, and Respondents in Discovery. This article will focus on the third category.
Say goodbye to boilerplate objections and responses to discovery requests By George S. Bellas and Misty J. Cygan Civil Practice and Procedure, May 2017 For many attorneys and law firms it is standard practice to object to most, if not all, discovery requests with the boilerplate language that a request is overly broad or unduly burdensome. This practice necessitates more meet and confer conferences and motions to compel resulting additional costs to litigate. The 2015 amendments to Rule 34 were intended to curtail this type of practice. However, up until recently judges have been dillydallying in enforcing the new rule.
Zagorski v. Allstate Insurance Company: Stock discovery objections fail to pass muster with 5th District By Richard L. Turner, Jr. Insurance Law, August 2016 In a decision issued on May 16, 2016, the 5th District Appellate Court in Zagorski v. Allstate Insurance Company provided an analysis of the problems inherent in replying with stock objections in discovery responses based upon relevancy or privilege, without detailing or adequately providing a basis for such objections.
Interstate depositions and discovery—Making discovery easier By Patrick M. Kinnally Civil Practice and Procedure, July 2016 Take a look at 735 ILCS 35/1-- Illinois’ version of the Uniform Interstate Deposition and Discovery Act. It will save you time and a lot of your client’s money.
Zagorski v. Allstate Insurance Company: Stock discovery objections fail to pass muster with 5th District By Richard L. Turner, Jr. Civil Practice and Procedure, June 2016 In a decision issued on May 16, 2016, the 5th District Appellate Court in Zagorski v. Allstate Insurance Company provided an analysis of the problems inherent in replying with stock objections in discovery responses based upon relevancy or privilege, without detailing or adequately providing a basis for such objections.
Discovery depositions: A crash course By Angelica W. Wawrzynek Young Lawyers Division, December 2014 Inevitably someone higher in the food chain will ask you, the junior associate, to cover a deposition for them. If (when) this happens, do not panic. Here’s an overview that will keep you on track.
So you want to subpoena a party’s e-mails? By George S. Bellas and Steve Ford Civil Practice and Procedure, November 2014 Many courts across the United States have quashed subpoenas on the basis that an Internet service provider cannot be compelled to disclose a party’s e-mails pursuant to a civil subpoena.
Proposed changes to federal discovery rules put premium on early case assessment By Daniel Thies Federal Civil Practice, April 2014 Assuming these significant changes are adopted, lawyers practicing in federal court must become familiar with them and be prepared for the additional responsibilities they impose early in the life cycle of a case.
Discovery rule saves plaintiffs’ fraud claims against investment firm (IL – 2d Dist) By Paul B. Porvaznik Commercial Banking, Collections, and Bankruptcy, January 2014 Rasgaitis v. Waterstone Financial Group, Inc. has real value because of its thorough discussion of agency law.
Update on expert practice: Expert discovery By Jo Anna Pollock Federal Civil Practice, December 2013 Save the date for "Experts Exposed: Expert Practice in Federal Court from A to Z," which will take place on February 21, 2014. 
Court upholds use of absent witness’ discovery deposition By Robert T. Park Civil Practice and Procedure, November 2013 In the recent decision of Calloway v. Bovis, the appellate court upheld jury awards totaling nearly $10 million dollars against a construction manager in a case arising from a trench collapse that killed a father and seriously injured his son
Application of discovery rules to requests to admit By Kevin Lovellette Government Lawyers, June 2012 One issue that has recently seen increased litigation is whether Requests to Admit are discovery devices subject to the requirements of discovery rules and orders of court.
Discovery of social media: Document requests in a friend request world By Timothy J. Chorvat and Laura E. Pelanek Civil Practice and Procedure, April 2012 To date, there are no reported cases in Illinois regarding the discoverability of social media data, although these materials are being produced in discovery and introduced into evidence.
FRCP 45—The toolbox of discovery has pending amendments By Ambrose V. McCall Federal Civil Practice, March 2012 All Illinois counsel who practice in federal court may want to calendar a few dates in late 2012 or early 2013 to not only check on the status of FRCP 45, but to review their office procedures to see if they comply with the provisions detailing how we use one of our primary tools for conducting discovery.
Reminder: Reliance on financial disclosure statement does not equal due diligence By Elizabeth A. Teague Family Law, February 2012 After the decision by the First District Appellate Court in Goldsmith v. Goldsmith, all family law practitioners need to be wary of forgoing formal discovery.
Sanctions and spoliation By Hon. Barbara Crowder Civil Practice and Procedure, August 2011 Knowing the potential and most frequently used sanctions may assist counsel in evaluating what steps to take when faced with the loss or destruction of evidence. 
Admitting a party’s discovery deposition By Jeffrey A. Parness Bench and Bar, June 2011 The case of Berry v. American Standard, Inc., 382 Ill. App. 3d 895 (5th Dist. 2008) prompted the recent amendment to Rule 212(a)(5) allowing into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
In-sites Government Lawyers, June 2011 Some resources for those interested in e-discovery.
Obtaining documents abroad: A primer for Illinois attorneys By Timothy J. Chorvat and Matthew A. Wlodarczyk Civil Practice and Procedure, May 2011 A look at the law relating to obtaining documents from sources abroad, and some suggestions on how to maximize the likelihood of obtaining useful information.
Admitting a party’s discovery deposition By Jeffrey A. Parness Civil Practice and Procedure, March 2011 A recent amendment to the Illinois Supreme Court Rules allows into evidence an unavailable party’s discovery deposition pursuant to the “sound discretion” of the court when it “will do substantial justice between or among the parties.”
Resolution of discovery issues when a cutoff date becomes unattainable By Peter LaSorsa Federal Civil Practice, December 2010 What to do when neither party is able to meet your already-extended discovery cut-off dates.
People of the State of Illinois v. Marina Kladis, No. 1-09-0686. Discovery sanctions in a misdemeanor DUI case can bar testimony of an arresting officer when a videotape has been discovered By Ava George Stewart Traffic Laws and Courts, November 2010 Kladis provides a roadmap for practitioners to avoid the destruction of discovery as well as what to do in the event the discovery is inadvertently destroyed.
Third-party discovery in arbitrations By Champ W. Davis Alternative Dispute Resolution, June 2010 Should parties be free to spell out the procedures they will abide by? Or should third-party discovery be eliminated altogether so that arbitration is faster and less costly? The Seventh Circuit has so far been split on the issue.
Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, By Amy D. Mitchell International and Immigration Law, May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.
eDiscovery issues: Authenticating e-mail produced in discovery By Scott A. Carlson and Jay C. Carle Civil Practice and Procedure, December 2009 This is the first in a series of articles about electronic discovery or “eDiscovery.” eDiscovery means a lot of different things to a lot of different people and each article will take on some discrete aspect of eDiscovery.

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