Section Newsletters

Articles on Discovery

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 & 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.
When consultants’ opinions are discoverable By Lauryn E. Parks & James F. McCluskey Tort Law, October 2009 The purpose of Illinois Rule 201(b)(3), as well as other comparable rules, is focused on protecting the identity of the consultant in order to encourage the communication of expertise. 
Judicial perspective on discovery disputes By Hon. Barbara Crowder Bench and Bar, November 2007 Discovery sounds at first blush like a fun, interesting detective activity entered into by counsel and parties to exchange facts and ideas in anticipation of settling or trying cases.
How to use the Respondent in Discovery statute to your advantage By Jamie L. Bas Young Lawyers Division, April 2006 One helpful statute that many young lawyers may not be aware of is the respondent in discovery statute, located at 735 ILCS 5/2-402.
Insurance companies beware: Documents normally privileged may be discoverable By D.J. Evans Civil Practice and Procedure, November 2005 The Fourth District Appellate Court’s decision in Western States Insurance Co. v. O’Hara places greater responsibility on insurance companies to deal fully and fairly with their insureds and third parties in response to discovery requests.
Discovery abuses in the federal system By Regina W. Calabro Federal Civil Practice, November 2004 The Federal Civil Practice Section is directed to raise issues of immediacy of federal practice and then provide necessary, timely, and hopefully rewarding assistance to the lawyer that practices in the federal courts within any of the three districts of Illinois.
Who’s entitled to what from whom? By Matt Maloney Criminal Justice, March 2004 Recent decisions from the Illinois Supreme Court have recounted difficulties emanating from discovery problems. Most of the commentaries deal with complaints of non-compliance in death penalty cases.

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