Illinois Bar Journal

Subject Index Discovery

Court-ordered mental health reports not confidential under IMDMA

By Helen W. Gunnarsson
April
2011
LawPulse
, Page 174
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Who Posted That? Anonymous Online Speech and the First Amendment

By Sarah A. Smith
April
2011
Article
, Page 194
There's a trend in defamation litigation to use pre-suit discovery procedures to uncover the identities of anonymous online commenters. The author considers the implications.

The Power of Pre-Suit Discovery: Supreme Court Rule 224

By Timothy J. Harris
March
2011
Article
, Page 136
Pre-suit discovery under SCR 224 is a powerful and underused way to identify potential parties, investigate an incident, protect evidence, and avoid secondary spoliation claims.

Are courts cracking down on refusals to answer requests to admit?

By Helen W. Gunnarsson
February
2011
LawPulse
, Page 66
<

Berry and discovery depositions: hard cases make new rules

By Helen W. Gunnarsson
January
2011
LawPulse
, Page 10
<

Nonparty Discovery Under the Federal Arbitration Act

By Mitchell L. Marinello & John Haarlow Jr.
September
2010
Article
, Page 476
The Federal Arbitration Act places sharp limits on a party's ability to obtain information from a nonparty, but it can be done. Here's a guide.

Does What Happens on Facebook Stay on Facebook?Discovery, Admissibility, Ethics, and Social Media

By Beth C. Boggs & Misty L. Edwards
July
2010
Article
, Page 366
What are the limits on discovery and admissibility of content gathered on social media sites? This article looks at the emerging case law.

The Discovery Deposition and Disfavored Evidence

By Joanne Hannaway Sweeney & Benjamin J. Wimmer
November
2009
Article
, Page 576
A recent amendment to the Illinois Supreme Court Rules obscures the purpose of the discovery deposition and the range of its uses

Deposing a witness in a foreign country

By Helen W. Gunnarsson
September
2009
LawPulse
, Page 438
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Cross-Examination of Experts: Saving the Best for Trial

By Keith L. Davidson
February
2009
Article
, Page 94
A veteran litigator warns against revealing so much during discovery that you limit your ability to effectively cross-examine experts at trial.

Electronic Discovery: Dealing with Disclosure of Metadata

By Joseph R. Marconi
January
2009
Article
, Page 24
The question isn't whether confidential client information will be disclosed during electronic discovery but what to do when it happens.

Subpoena for medical records

January
2009
Illinois Law Update
, Page 16
On October 31, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Logan County denying the state's request for a subpoena duces tecum, seeking release of a defendant's medical records for the day the defendant was charged with driving under the influence (DUI).

Depositions of Gravely Ill Illinois Claimants

By Professor Jeffrey A. Parness
September
2008
Column
, Page 476
 A majority in Berry found that while the trial court ruled correctly the system failed.

Fees for Physician Testimony: What’s Reasonable?

By Timothy J. Harris
September
2008
Article
, Page 460
A look at the governing rules, along with common-sense ways lawyers can keep doctors from charging too much for testifying.

Negligent Spoliation in the Wake of Jones v O’Brien Tire and Battery

By Shane M. Carnine
September
2008
Article
, Page 470
A recent appellate case arguably changes the requirements for a spoliation claim.

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 & 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.

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