Illinois Pretrial Practice

Description

Answers, Tips and Forms for Illinois Litigators

As court interpretations evolve and laws change, it is crucial to stay informed. For Illinois litigators, that’s where Illinois Pretrial Practice comes in handy.

Written by retired circuit court judge Jennifer Duncan-Brice, Illinois Pretrial Practice delivers quick and reliable answers with its unique outline format, tight writing, superb scholarship, and extensive citations. In addition, this helpful guide contains practice-tested forms and pattern paragraphs designed to speed drafting.

Illinois Pretrial Practice delivers quick and reliable answers with its unique outline format, tight writing, superb scholarship, and extensive citations. Its practice-tested forms and pattern paragraphs speed drafting.

This book concentrates on the topics where questions and disputes arise. It devotes pages where you spend time: drafting pleadings, preparing and presenting motions, conducting discovery, resolving discovery disputes, and negotiating settlements. You will find coverage of troublesome matters like:

Written Discovery

• Techniques for obtaining damaging documents. §22:60
• How to obtain a log of privileged documents. §22:45
• Satisfying the “particularity” requirement. §22:64
• What is and isn’t discoverable. §20:20
• How to expedite discovery. §20:110
• Tips for crafting “objection-proof” interrogatories. §25:180
• Dealing with problem interrogatories. §25:290
• Responding to missing, evasive, or incomplete answers. §25:274
• How to correct an inadvertent disclosure. §22:303

Privileges

• Unauthorized disclosure by agent. §21:62
• Placing privileged matter at issue. §21:90
• Protecting lawyer-client communications. §21:110
• In-house attorney challenges. §21:112
• Unprivileged attorney-client items. §21:122
• What is and is not work product. §21:180
• What constitutes a trade secret. §21:230
• Scope and limitations of patient-physician privilege. §21:250
• Therapist-patient communications. §21:280

Motions

• Strategic considerations. §14:13
• Pitfalls to avoid. §14:20
• Practical advice on pagination, titling, parties’ names, etc. §14:21
• Brief-drafting tips. §14:60
• Service timing issues. §14:112
• Grounds for disqualifying the judge. §14:190
• Practical hearing suggestions from the bench. §14:340
• Motions requiring evidentiary hearings. §14:350
• Grounds for emergency motions. §14:380

Illinois Pretrial Practice provides authoritative and direct responses to everyday discovery issues like these:

Paper discovery

• Strategic considerations when confidential information is sought. §25:290
• The limited situations when seeking a protective order is advisable. §25:370
• Must I answer this interrogatory? §25:210
• What are the best grounds and tactics for refusing to respond to interrogatories? §25:280
• Which objections to a notice to produce are likely to stand up? §22:230
• What are the best grounds and tactics for withholding documents from production? §22:240

Depositions

• What are the procedures for subpoenaing a non-party witness for deposition? §23:120
• When is it appropriate and not appropriate to suspend a deposition? §23:280
• What should examining counsel do when a witness refuses to answer questions at deposition? §23:303
• When representing a deposition witness, when should I instruct the deponent not to answer a question or produce a document? §23:392
• What objections are proper during a deposition? §23:263

Other issues

• Practical considerations in discovery disputes. §27:05
• What can I do when intransigent opposition stonewalls my discovery? §27:30
• When is supervision warranted? §27:33
• How do I formally compel compliance with my discovery requests? §27:60
• When can I expect to be successful if I move for sanctions? §27:44
• What information can I protect under a privilege? §21:101
• What is and isn’t protected as work product? §21:190

The book’s issue-oriented outline format is supported by more than 2,000 citations, more than 125 forms, advice from the bench, recent case-based illustrations, practice-proven strategies, step-by-step procedures, pattern language, and Digital Access to forms. Coverage runs from taking the case up to trial, and includes numerous tips on how to:

• Avoid and fix mistakes
• Resolve peripheral disputes
• Craft better documents
• Answer ethical questions
• Process cases efficiently
• Improve your advocacy

REVISION 14 HIGHLIGHTS

With concise explanations, practice tips, and case based examples, Illinois Pretrial Practice covers everything from accepting the case to the eve of trial. This edition brings you 20 new sections and more than 80 new case citations.

New Updates Include:

STATUTES OF LIMITATIONS

• Limitations period for insurance producers, representatives, and firms. 3:469.14

IMMUNITIES

• Immunity for ambulance drivers. 4:283

PERSONAL JURISDICTION

• Illinois law license insufficient basis for general jurisdiction over nonresident. 7:122

SERVICE OF PROCESS

• Constructive service in eviction cases when personal service is not possible. 9:132

PARTIES

• Dismissal and reinstatement of upstream defendants in product liability cases when manufacturer is a defendant. §12:94

PLEADINGS AND ATTACKING PLEADINGS

• Elements of specific actions: equitable estoppel, implied warranty of habitability, negligent supervision, hiring, or retention. 13:369
• Defense of unclean hands. 13:562
• Restrictive covenants in employment contracts. 13:580
• Respondent superior and negligent entrustment or negligent hiring. § 13:596
• Refiling cases reversed on appeal, dismissed for want of prosecution,

or dismissed by U.S. district court for lack of jurisdiction or improper venue. §15:207

MOTIONS

• Court can ignore new evidence or law on motion for reconsideration. § 14:442

DISCOVERY AND DISCOVERY DISPUTES

• Expert physician qualifications and competency. 20:73
• Redesignating testifying expert as a consultant. 27:109
• Medical Studies Act. 27:110

SETTLEMENT

• Waiver of contribution limits (“Kotecki cap”) does not waive workers’ compensation lien. 32:95

CONTRIBUTION AMONG JOINT TORTFEASORS

• Suit by third party against employer of injured employee for contribution. 33:04
• Contribution among vicariously liable tortfeasors. 33:67

And More!

ABBREVIATED TABLE OF CONTENTS

CHAPTER 1 TAKING THE CASE
CHAPTER 2 PRE-SUIT ACTIVITIES
CHAPTER 3 STATUTES OF LIMITATIONS
CHAPTER 4 IMMUNITIES
CHAPTER 5 RESERVED
CHAPTER 6 SUBJECT MATTER JURISDICTION
CHAPTER 7 PERSONAL JURISDICTION
CHAPTER 8 FORUM SELECTION: VENUE, FORUM NON CONVENIENS, & REMOVAL
CHAPTER 9 SUMMONS AND SERVICE OF PROCESS
CHAPTERS 10-11 RESERVED
CHAPTER 12 PARTIES
CHAPTER 13 PLEADINGS
CHAPTER 14 MOTION PRACTICE
CHAPTER 15 ATTACKING THE PLEADINGS
CHAPTER 16 TEMPORARY RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS
CHAPTER 17 INTERLOCUTORY APPEALS
CHAPTERS 18-19 RESERVED
CHAPTER 20 ALL DISCOVERY
CHAPTER 21 PRIVILEGES
CHAPTER 22 PRODUCTION OF DOCUMENTS AND OTHER THINGS
CHAPTER 23 DEPOSITIONS
CHAPTER 24 PHYSICAL AND MENTAL EXAMINATIONS
CHAPTER 25 INTERROGATORIES
CHAPTER 26 REQUESTS FOR ADMISSION
CHAPTER 27 DISCOVERY DISPUTES
CHAPTER 28 SANCTIONS
CHAPTER 29 RESERVED
CHAPTER 30 SUMMARY JUDGMENT
CHAPTER 31 DEFAULT JUDGMENT AND DISMISSAL FOR WANT OF PROSECUTION
CHAPTER 32 SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION (ADR)
CHAPTER 33 CONTRIBUTION AMONG JOINT TORTFEASORS
INDEX

ABOUT THE AUTHOR

Jennifer Duncan-Brice began her legal career in 1975 as a law clerk in the City of Chicago’s Office of Corporation Counsel. In 1976 she became Assistant Corporation Counsel, working in the Litigation Division and primarily representing the Chicago Police Department and police officers on civil rights actions in federal court. In 1982 she was transferred to the Real Estate Division, handling condemnation cases and representing the Landmark Commission.

In 1985 she was promoted to Chief Assistant Corporation Counsel and was assigned to reorganize the Torts Division. In 1987, she was promoted to Deputy Corporation Counsel.

In 1992 she was elected a judge to the Circuit Court of Cook County, and was assigned generally to the Law Division. Judge Duncan-Brice was assigned to a Motion Call in 1994 and a General Calendar Call in 1996.

In 2011, Judge Duncan-Brice retired after approximately 19 years on the bench. She now works as a mediator and arbitrator for Resulte Systems, LLC, 150 S. Wacker Drive, Suite 2650, Chicago, Illinois 60606.