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:
- 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
- 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
- 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:
- 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
- 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
- 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 12 HIGHLIGHTS
New material in this edition includes:
- The lawyer’s ethical duties when the lawyer believes that a person affiliated with an organization the lawyer represents is engaging in a violation of law that may substantially damage the organization.
- Limitations period for childhood sexual abuse claims; discovery rule; and tolling.
- Tort immunities when a municipal corporation seeks damages (as opposed to when it is sued for damages).
- Phrase “without a fee” in statute providing immunity to doctors rendering emergency care is interpreted by the Illinois Supreme Court.
- Six elements considered in determining whether a body is acting in a quasi-judicial capacity for purposes of determining whether a party has an absolute privilege for statements made to that body.
- Lawyer’s qualified immunity from liability to third parties when the lawyer is alleged to have given incorrect legal advice to a client.
- Personal jurisdiction over a lienholder is not required to adjudicate a lien.
- Proper venue for reviewing a final administrative decision when the statute under which the decision was made is silent on venue.
- The two-tiered control group test to determine when an employee is part of the control group and thus conversations between an attorney and the employee are privileged.
- Paralegal’s costs may be recovered when work would otherwise have been performed by an attorney.
- When discovery is closed and one party has disclosed an expert and the opponent has not, can the opponent submit an expert’s affidavit to rebut a motion for summary judgment?
- Four things a plaintiff/attorney must show to state a claim for a fee in quantum meruit.
- Third party defendant not directly sued by plaintiff had no responsibility to pay until direct defendant paid more than his pro rata share.
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
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.