Litigation Best Practices. Sailing Through Discovery with Kristen E. Hudson Schopf & Weiss LLP. 1. Litigation Hold. What are they? When are they sent? Who do they go to? What must be preserved? Emails Network files Personal computer files PDAs
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Sailing Through Discovery
Kristen E. Hudson
Schopf & Weiss LLP
Keep a contemporaneous record of discovery efforts
Do not stop monitoring, even if a discovery stay is issuedLitigation HoldBest Practices
Paragraphs (f) and (g) are designed to address certain problems with Rule 216, including the service of hundreds of requests for admission. For the vast majority of cases, the limitation to 30 requests now found in paragraph (f) will eliminate this abusive practice. Other noted problems include the bundling of discovery requests to form a single document into which the requests to admit were intermingled. This practice worked to the disadvantage of certain litigants, particularly pro se litigants, who do not understand that failure to respond within the time allowed results in the requests being deemed admitted. Paragraph (g) provides for requests to be contained in a separate paper containing a boldface warning regarding the effect of the failure to respond within 28 days. Consistent with Vision Point of Sale Inc. v. Haas, 226 Ill. 2d 334 (2007), trial courts are vested with discretion with respect to requests for admission.
Must describe “the nature of…things not produced or disclosed – and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.”
IL Sup. Ct. Rule 201(n)
Claim of privilege “shall be made expressly and shall be supported by a description of the nature of the…things not produced or disclosed and the exact privilege which is being claimed.”The Privilege LogFederal & State Comparison