Global Litigation Complicated by Various Jurisdictions Having Unique Evidence and Discovery Rules &#
As tort litigation becomes increasingly global, there is a need to know at least something about rules around the globe for collecting evidence and testimony. Many rules are more or less the same, but unique rules in particular jurisdictions present both pitfalls and opportunties. A goal is to identity some of the rules as an occasional topic for this blog.
To start, here’s a link to a wonderful August 25, 2008 National Law Journal article on Illinois’ “wacky rules” for depositions. The basic wackiness is that Illinois law specifies two flavors for depositions – evidence and discovery, with the latter seldom useable at trial. The substantive and humourous article is by Jerry Solovy and Bob Byman, two of Jenner & Block’s many excellent trial lawyers. The article is found in full text on Jenner & Block’s website.