Illinois Bar Journal

Subject Index Discovery

Does attorney-client privilege shield a witness’ contemporaneous personal notes?

By Helen W. Gunnarsson
October
2006
LawPulse
, Page 518
Probably not, according to the second district's reasoning in a recent case. 

Strict compliance versus “substantial justice”

By Helen W. Gunnarsson
October
2006
LawPulse
, Page 518
In deciding whether to give a party extra time to respond to a request to admit, can a court consider the other party's failure to comply with another rule? The first district says "yes." 

The Duty to Disclose Exculpatory Evidence Discovered After Trial

By Brendan Max
March
2006
Article
, Page 138
The author argues that such a duty exists based on the U.S. Supreme Court's Brady case and Illinois discovery and ethics rules

Rule 222 -the high cost of noncompliance

By Helen W. Gunnarsson
February
2006
LawPulse
, Page 62
Plaintiffs who fail to heed the disclosure rule, which governs specified cases implicating $50,000 or less in damages, face the extinguishment of their claim. 

Admission of Facts in Discovery: Avoiding the Rule 216 Trap

By John J. Hynes
August
2005
Article
, Page 402
Failure to comply with discovery requests can lead to dire consequences. Find out what's at stake and what to do about it.

Spoliation of Evidence: Responding to Fire Scene Destruction

By Gerald O. Sweeney Jr. & P. Russell Perdew
July
2005
Article
, Page 358
A look at the discovery, motion practice, and trial techniques defendants can use in response to destruction of a fire scene.

Waiver of Privilege for Documents Inadvertently Disclosed During Discovery

By Andrew N. Plasz
March
2005
Article
, Page 126
How do Illinois courts respond when a party claims that an inadvertently produced document is still privileged? Here's a review of the cases

Challenging the Medical Studies Act’s Peer-Review Privilege

By Judy L. Cates
November
2004
Article
, Page 582
A plaintiff's-eye view of this important limit on discovery in med-mal cases.

It’s Time to Move Beyond Separate Discovery and Evidence Depositions in Illinois

By Mark E. McNabola
July
2004
Article
, Page 344
The author argues that the Illinois approach is a disincentive to well-prepared, thorough depositions.

The Brave New World of Electronic Evidence Discovery

By R. Mark Halligan
June
2004
Article
, Page 296
Most information is stored and sent electronically, but most litigators live in the peper-laden past. Here's an overview of e-discovery issues.

The Case for Allowing Expert Assistance at Depositions

By Leon I. Finkel & Lena Goretsky Winters
March
2004
Article
, Page 151
The authors argue that courts should routinely allow attorneys to bring retained experts to help depose opponents.

Interrogatories: the numbers game

By Helen W. Gunnarsson
December
2003
LawPulse
, Page 594
What if you're presented by an opponent with too many interrogatories, or what if you want to exceed the limits yourself? Here are some ideas.

Discovery of Medical Information After HIPAA: A Litigator’s Guide

By Katherine L. Dzik
November
2003
Article
, Page 554
HIPAA has changed the rules for obtaining medical information from health care providers. Here's a brief guide, complete with forms.

Trial court’s error in allowing improper and untimely answers to a Rule 216 request held as cause for a new trial

October
2003
Illinois Law Update
, Page 492
On June 30, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the Circuit Court of Cook County denying the defendant's motion to strike the plaintiffs' answers to requests for admissions submitted to them pursuant to Supreme Court Rule 216, 134 Ill.2d R. 216.

Trial court may not tax as costs the professional fee charged by nonparty treating physician for attendance at evidence deposition

July
2003
Illinois Law Update
, Page 332
On April 17, 2003, the Illinois Supreme Court held that a trial court may not tax as costs the professional fee charged by a nonparty treating physician for his participation in an evidence deposition.

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?

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