Subject Index Discovery

Illinois does not recognize common-law peer-review privilege, but Illinois reporter’s privilege statutes protect academic journals

January
2024
Illinois Law Update
, Page 16
On Oct. 27, 2023, the First District of the Illinois Appellate Court held that Illinois does not recognize a common-law peer-review privilege, but the Illinois reporter’s privilege statutes protect academic journals from disclosing their sources.

Plaintiffs can have additional person present to video record discovery examinations; certain parties in wrongful death actions entitled to preference in setting for trial 

November
2023
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Code of Civil Procedure so that whenever the defendant in any litigation in Illinois has the right to demand a physical or mental examination of the plaintiff in a civil lawsuit, the plaintiff has the right to designate an additional person to be present and video record the examination.

Discovery Orders and the Peer-Review Privilege

By Daniel Schwartz
April
2021
Article
, Page 24
Limiting the discoverability of medical research in Illinois.

Discovery Wars

By Madhavi K. Seth & Vikram S. Arora
August
2020
Article
, Page 38
Guidelines for conducting discovery ethically.

Confidentiality and Client Communications in Illinois

By Jeffrey A. Parness
November
2019
Article
, Page 30
There are pitfalls for attorneys who assume that a privilege follows whenever client communications are preceded simply by promises to maintain confidences.

Cracking Open the Corporate Coffer

By Thomas Drysdale
August
2019
Article
, Page 38
Unclear Seventh Circuit precedent and conflicting district court opinions have left unresolved whether corporate financial information is discoverable in relation to a punitive-damages claim in federal court.  
1 comment (Most recent August 13, 2019)

Lost Text Messages Lead to Sanctions

July
2019
Article
, Page 18
A defendant is sanctioned for destroying 50 text messages.

General and Boilerplate Objections: Curbing Routine Abuse of the Discovery Process

By Gregory R. Jones
February
2019
Article
, Page 24
The impropriety of general and boilerplate objections; and, recommendations and potential solutions for curtailing them.
1 comment (Most recent February 3, 2019)

From ISBA Central - Strategies for when opposing counsel challenges USPS’s tracking information

By Ted Harvatin, Bryan Sims, Adam Whiteman, Mark Moreno, & Mark C. Palmer
December
2018
Article
, Page 20
Opposing counsel challenges USPS's tracking information

Discovery rule says accrual at discovery of harm, not when construction defect was discovered

November
2018
Illinois Law Update
, Page 18
Under the discovery rule, does the clock start when the harm is discovered or when a plaintiff discovers that the harm was "wrongfully caused"? The first district held that the former is more correct.

Don’t Go There…Yet

By Christopher Keleher
September
2018
Article
, Page 36
Default judgments and dismissals with prejudice should only result from persistent misconduct and after less onerous enforcement options and warnings have failed.

Google Street Views…and Opinions

By Allen Wall & Caitlyn R. Culbertson
August
2018
Article
, Page 40
Google Maps, Google Street View, and similar internet services allow parties to access images of a particular location without ever being physically present at the site. Are such images admissible? How do the Rules of Evidence interact with these new discovery resources? This article examines how such issues may arise during litigation.

Depositions Under Illinois Law: The Federal Example

By Roy Dripps
June
2018
Article
, Page 38
Yes, you can depose a corporation, and Illinois Supreme Court Rule 206(a)(1) sets out the process. The bad news: Illinois courts have said little about the Rule. The good news: Plenty of federal rulings have interpreted FRCP 30(b)(6), the model upon which the Illinois rule is based.

Sleuthing on the ‘Net

By Ed Finkel
June
2018
Cover Story
, Page 20
Social media and the internet generally hold a trove of mission-critical information for lawyers about adversaries, businesses, and more - and most of it is free. Do you know how to find it?

People v. Kent: The New Standard for Authenticating Social Media Evidence

By John M. Zimmerman
April
2018
Article
, Page 26
The Illinois Appellate Court adopted a new standard in People v. Kent for admitting social media evidence. Here's a review of the standard and advice about how to apply it.

From the Newsletters - When is an e-discovery request too burdensome?

June
2017
Article
, Page 23
A recent appellate court opinion helps lower courts determine when an e-discovery request is too broad or intrusive.

Discovering a Defendant’s Identity: The Evolution of Rule 224

By Kimberly Glasford
April
2016
Article
, Page 28
For plaintiffs who need to identify defendants before suing for damages - or, perhaps, hope to "out" or shame them - Illinois Supreme Court Rule 224 can be an option. But despite a few decisions interpreting the rule, the law remains uncertain.

From the Newsletters - 5 important changes to federal discovery rules.

April
2016
Article
, Page 47
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Clarified definition of activities constituting “discovery”

September
2015
Illinois Law Update
, Page 18
This bill would amend the Code of Civil Procedure to update certain discovery provisions. It has passed through both chambers and was sent to the governor for action on June 18, 2015.

New Rules for Discovery of Electronically Stored Information

By Gabriel Reilly-Bates, Richard Y. Hu, & Claire E. Brennan
October
2014
Article
, Page 480
New Illinois Supreme Court rule amendments require parties to weigh the costs and benefits of ESI discovery, among other important changes. Here's a review.

Seventh circuit pilot program focuses on improving e-discovery

By Matthew Hector
September
2014
LawPulse
, Page 418
A pilot program centered in Chicago is developing a set of procedures designed to improve the efficiency of electronic discovery in federal cases.

E-discovery rule changes allow format choice, prevent abuse

By Matthew Hector
August
2014
LawPulse
, Page 366
Among other things, recent amendments to Illinois Supreme Court Rules 201 and 214 empower courts to tailor discovery if the burden of the request outweighs the benefit.

Plaintiffs’ Secret Weapon: The Illinois Respondent in Discovery Statute

By Kaitlyn Anne Wild
January
2014
Article
, Page 24
This little-known statute enables plaintiffs - but not defendants - to take discovery from a non-party respondent and provides a six-month "grace period" from statutes of limitations.

Facebook: What Family Lawyers Should Know

By Adam C. Kibort
July
2013
Article
, Page 344
A look at Facebook-related issues that arise during divorce and suggestions for advising your clients.
1 comment (Most recent June 25, 2013)

Managing Discovery of Electronically Stored Information in Illinois

By Professor Jeffrey A. Parness
June
2013
Column
, Page 316
While other jurisdictions address discovery challenges posed by ESI, Illinois has yet to act.

Divorce Without Discovery: A New Landmine in Marital Litigation

By Reuben A. Bernick
May
2013
Article
, Page 238
A recent case holds that if you don't conduct formal discovery in your divorce case, you may lose the right to reopen the judgment after it's entered, even to seek assets that weren't disclosed.

Rules committee hears proposals on divorce, criminal law, evidence issues

By Helen W. Gunnarsson
January
2012
LawPulse
, Page 10
Proposals address financial disclosure in divorce, how judges describe defendants' decision not to testify, and how to handle inadvertent disclosure of documents.

Hot Button Civil Evidence Issues: The 2011 Allerton Conference

By Jeffrey A. Parness
December
2011
Article
, Page 632
This year's Allerton Conference focused on electronic evidence, spoliation, and other important topics not squarely addressed by Illinois' recent evidence-rules codification.

Evaluating Protective Orders for Discovery Materials

By Jo Anna Pollock
November
2011
Article
, Page 576
Litigants often seek protective orders to limit disclosure of clients' sensitive documents during discovery. But be wary of attempts by the requesting party to gain an unfair advantage.

Using Requests to Admit to Prove Medical Expenses

By Christ S. Stacey
September
2011
Article
, Page 456
Plaintiffs use requests to admit to establish the reasonableness of medical bills. A recent appellate case holds that defendants must either admit or deny the request or explain why they can't.

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