sanction for a discovery violation (Illinois) · Go Syfert
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sanction for a discovery violation in Illinois

28 Illinois opinions name it 2 courts 1980–2026 4 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Sullivan v. Edward Hospitalgreen
ill · 2004 · cited in 4 Illinois opinions naming this issue, 2004–2015
2 sentences

2015For example, a trial judge’s decision whether to allow or exclude evidence is reviewed for an abuse of discretion [citation], as is his or her decision to limit discovery [citation], [or to] impose a sanction for a discovery violation (Sullivan v. Edward Hospital, 209 Ill. 2d 100, 110-11 (2004)) ***.” (Emphases added.) In re D.T., 212 Ill. 2d 347, 356-57 (2004). ¶ 51 In the instant case, the sanction imposed by the trial court is expressly included in Rule 415(g)’s grant of discretion, was imposed after a failure to disclose the information for more than four years, and was partially explained

2015For example, a trial judge’s decision whether to allow or exclude evidence is reviewed for an abuse of discretion [citation], as is his or her decision to limit discovery [citation], [or to] impose a sanction for a discovery violation (Sullivan v. Edward Hospital, 209 Ill. 2d 100, 110-11 (2004)), ***.” (Emphases added.) In re D.T., 212 Ill. 2d 347, 356-57 (2004). ¶ 51 In the instant case, the sanction imposed by the trial court is expressly included in Rule 415(g)’s grant of discretion, was imposed after a failure to disclose the information for more than four years, and was partially explaine

34
People v. Scottgreen
illappct · 2003 · cited in 3 Illinois opinions naming this issue, 2006–2023
2 sentences

2023Therefore, the exclusion of certain testimony as a sanction for a discovery violation is disfavored, “and is appropriate in only the most extreme situations.” Scott, 339 Ill.

2006People v. Scott, 339 Ill.

23
In Re DTgreen
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015For example, a trial judge’s decision whether to allow or exclude evidence is reviewed for an abuse of discretion [citation], as is his or her decision to limit discovery [citation], [or to] impose a sanction for a discovery violation (Sullivan v. Edward Hospital, 209 Ill. 2d 100, 110-11 (2004)) ***.” (Emphases added.) In re D.T., 212 Ill. 2d 347, 356-57 (2004). ¶ 51 In the instant case, the sanction imposed by the trial court is expressly included in Rule 415(g)’s grant of discretion, was imposed after a failure to disclose the information for more than four years, and was partially explained

2015For example, a trial judge’s decision whether to allow or exclude evidence is reviewed for an abuse of discretion [citation], as is his or her decision to limit discovery [citation], [or to] impose a sanction for a discovery violation (Sullivan v. Edward Hospital, 209 Ill. 2d 100, 110-11 (2004)), ***.” (Emphases added.) In re D.T., 212 Ill. 2d 347, 356-57 (2004). ¶ 51 In the instant case, the sanction imposed by the trial court is expressly included in Rule 415(g)’s grant of discretion, was imposed after a failure to disclose the information for more than four years, and was partially explaine

22
People v. Leongreen
illappct · 1999 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008One of the possible sanctions for a discovery violation where the defendant is denied a full opportunity to prepare his or her defense is the granting of a new trial (134 Ill. 2d R. 415(g); People v. Leon, 306 Ill.

2008One of the possible sanctions for a discovery violation where the defendant is denied a full opportunity to prepare his or her defense is the granting of a new trial (134 Ill. 2d R. 415(g); People v. Leon, 306 Ill.

22
People v. Whitegreen
illappct · 1993 · cited in 3 Illinois opinions naming this issue, 2003–2026
2 sentences

2026People v. White, 257 Ill.

2003People v. White, 257 Ill.

13
People v. Hendersongreen
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004For example, a trial judge's decision whether to allow or exclude evidence is reviewed for an abuse of discretion ( Swick v. Liautaud, 169 Ill.2d 504, 521 , 215 Ill.Dec. 98 , 662 N.E.2d 1238 (1996)), as is his or her decision to limit discovery ( People v. Williams, 209 Ill.2d 227, 234 , 282 Ill.Dec. 824 , 807 N.E.2d 448 (2004)), impose a sanction for a discovery violation ( Sullivan v. Edward Hospital, 209 Ill.2d 100, 110-11 , 282 Ill.Dec. 348 , 806 N.E.2d 645 (2004)), disqualify counsel ( People v. Ortega, 209 Ill.2d 354, 360 , 283 Ill.Dec. 530 , 808 N.E.2d 496 (2004)), accept or reject a ne

2004For example, a trial judge’s decision whether to allow or exclude evidence is reviewed for an abuse of discretion (Swick v. Liautaud, 169 Ill. 2d 504, 521 (1996)), as is his or her decision to limit discovery (People v. Williams, 209 Ill. 2d 227, 234 (2004)), impose a sanction for a discovery violation (Sullivan v. Edward Hospital, 209 Ill. 2d 100, 110-11 (2004)), disqualify counsel (People v. Ortega, 209 Ill. 2d 354, 360 (2004)), accept or reject a negotiated plea (People v. Henderson, 211 Ill. 2d 90, 103 (2004)), and deny a forum non conveniens motion (Dawdy v. Union Pacific R.R.

12
People v. Ortegagreen
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004For example, a trial judge's decision whether to allow or exclude evidence is reviewed for an abuse of discretion ( Swick v. Liautaud, 169 Ill.2d 504, 521 , 215 Ill.Dec. 98 , 662 N.E.2d 1238 (1996)), as is his or her decision to limit discovery ( People v. Williams, 209 Ill.2d 227, 234 , 282 Ill.Dec. 824 , 807 N.E.2d 448 (2004)), impose a sanction for a discovery violation ( Sullivan v. Edward Hospital, 209 Ill.2d 100, 110-11 , 282 Ill.Dec. 348 , 806 N.E.2d 645 (2004)), disqualify counsel ( People v. Ortega, 209 Ill.2d 354, 360 , 283 Ill.Dec. 530 , 808 N.E.2d 496 (2004)), accept or reject a ne

2004For example, a trial judge’s decision whether to allow or exclude evidence is reviewed for an abuse of discretion (Swick v. Liautaud, 169 Ill. 2d 504, 521 (1996)), as is his or her decision to limit discovery (People v. Williams, 209 Ill. 2d 227, 234 (2004)), impose a sanction for a discovery violation (Sullivan v. Edward Hospital, 209 Ill. 2d 100, 110-11 (2004)), disqualify counsel (People v. Ortega, 209 Ill. 2d 354, 360 (2004)), accept or reject a negotiated plea (People v. Henderson, 211 Ill. 2d 90, 103 (2004)), and deny a forum non conveniens motion (Dawdy v. Union Pacific R.R.

12
People v. Williamsgreen
ill · 2004 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004For example, a trial judge's decision whether to allow or exclude evidence is reviewed for an abuse of discretion ( Swick v. Liautaud, 169 Ill.2d 504, 521 , 215 Ill.Dec. 98 , 662 N.E.2d 1238 (1996)), as is his or her decision to limit discovery ( People v. Williams, 209 Ill.2d 227, 234 , 282 Ill.Dec. 824 , 807 N.E.2d 448 (2004)), impose a sanction for a discovery violation ( Sullivan v. Edward Hospital, 209 Ill.2d 100, 110-11 , 282 Ill.Dec. 348 , 806 N.E.2d 645 (2004)), disqualify counsel ( People v. Ortega, 209 Ill.2d 354, 360 , 283 Ill.Dec. 530 , 808 N.E.2d 496 (2004)), accept or reject a ne

2004For example, a trial judge’s decision whether to allow or exclude evidence is reviewed for an abuse of discretion (Swick v. Liautaud, 169 Ill. 2d 504, 521 (1996)), as is his or her decision to limit discovery (People v. Williams, 209 Ill. 2d 227, 234 (2004)), impose a sanction for a discovery violation (Sullivan v. Edward Hospital, 209 Ill. 2d 100, 110-11 (2004)), disqualify counsel (People v. Ortega, 209 Ill. 2d 354, 360 (2004)), accept or reject a negotiated plea (People v. Henderson, 211 Ill. 2d 90, 103 (2004)), and deny a forum non conveniens motion (Dawdy v. Union Pacific R.R.

12
Swick v. Liautaudgreen
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004For example, a trial judge's decision whether to allow or exclude evidence is reviewed for an abuse of discretion ( Swick v. Liautaud, 169 Ill.2d 504, 521 , 215 Ill.Dec. 98 , 662 N.E.2d 1238 (1996)), as is his or her decision to limit discovery ( People v. Williams, 209 Ill.2d 227, 234 , 282 Ill.Dec. 824 , 807 N.E.2d 448 (2004)), impose a sanction for a discovery violation ( Sullivan v. Edward Hospital, 209 Ill.2d 100, 110-11 , 282 Ill.Dec. 348 , 806 N.E.2d 645 (2004)), disqualify counsel ( People v. Ortega, 209 Ill.2d 354, 360 , 283 Ill.Dec. 530 , 808 N.E.2d 496 (2004)), accept or reject a ne

2004For example, a trial judge’s decision whether to allow or exclude evidence is reviewed for an abuse of discretion (Swick v. Liautaud, 169 Ill. 2d 504, 521 (1996)), as is his or her decision to limit discovery (People v. Williams, 209 Ill. 2d 227, 234 (2004)), impose a sanction for a discovery violation (Sullivan v. Edward Hospital, 209 Ill. 2d 100, 110-11 (2004)), disqualify counsel (People v. Ortega, 209 Ill. 2d 354, 360 (2004)), accept or reject a negotiated plea (People v. Henderson, 211 Ill. 2d 90, 103 (2004)), and deny a forum non conveniens motion (Dawdy v. Union Pacific R.R.

12
Dawdy v. Union Pacific RR Co.green
ill · 2003 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004Co., 207 Ill.2d 167, 177 , 278 Ill.Dec. 92 , 797 N.E.2d 687 (2003)).

2004Co., 207 Ill. 2d 167, 177 (2003)).

12
Arizona v. Youngbloodgreen
scotus · 1989 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013A discovery violation may be analyzed as either a due process violation under Arizona v. Youngblood, 488 U.S. 51, 58 (1988), or under Illinois Supreme Court Rule 415(g)(i) (eff.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
People v. Koutsakis green
illappct · 1993
2 sentences

2018On appeal, the court found no abuse of discretion and concluded "the trial court properly fashioned an appropriate sanction which was limited and proportionate to the discovery violation." Id. ¶ 57 We find that the trial court did not abuse its discretion when it denied defendant's motion to dismiss based on destruction of evidence. "[A] trial court may properly fashion a sanction for a discovery violation when it is proportionate to the magnitude of the violation. [Citation.] The trial court is in the best position to determine an appropriate sanction based upon the effect the discovery viola

2018On appeal, the court found no abuse of discretion and concluded "the trial court properly fashioned an appropriate sanction which was limited and proportionate to the discovery violation." Id. ¶ 57 We find that the trial court did not abuse its discretion when it denied defendant's motion to dismiss based on destruction of evidence. "[A] trial court may properly fashion a sanction for a discovery violation when it is proportionate to the magnitude of the violation. [Citation.] The trial court is in the best position to determine an appropriate sanction based upon the effect the discovery viola

52002–2022
People v. Patel green
illappct · 2019
2 sentences

2021Id. ¶ 24 The State characterizes the rescission as a sanction for a discovery violation.

2020Id. ¶ 24 The State characterizes the rescission as a sanction for a discovery violation.

22020–2021
Copeland v. Stebco Products Corp. green
illappct · 2000
2 sentences

2002Copeland v. Stebco Products Corp., 316 Ill.

2002Copeland v. Stebco Products Corp. , 316 Ill.

22002–2002
Taylor v. Illinois green
scotus · 1988
2 sentences

1995In support of our holding that trial courts should always consider personal sanctions under Rule 415(g)(ii) against attorneys who willfully violate discovery orders in criminal cases, we note the views expressed by Justice Brennan in his dissent from the Court's decision in Taylor v. Illinois (1988), 484 U.S. 400 , 108 S.Ct. 646 , 98 L.Ed.2d 798 , approving the exclusion of a defendant's alibi witnesses as a sanction for a discovery violation: "In the absence of any evidence that a defendant played any part in an attorney's willful discovery violation, directly sanctioning the attorney is not

1995Ed. 2d 798 , 108 S. Ct. 646 , approving the exclusion of a defendant’s alibi witnesses as a sanction for a discovery violation: "In the absence of any evidence that a defendant played any part in an attorney’s willful discovery violation, directly sanctioning the attorney is not only fairer but more effective in deterring violations than excluding defense evidence. [Citation.] The threat of disciplinary proceedings, fines, or imprisonment will likely influence attorney behavior to a far greater extent than the rather indirect penalty threatened by evidentiary exclusion.

21995–1995
People v. Cunningham green
illappct · 2018
1 sentence

2020The trial court noted, Parkman cannot “just lay in the weed” and bring up whatever he wants with no opportunity for the State to rebut. ¶ 54 “A trial court may properly fashion a sanction for a discovery violation when it is proportionate to the magnitude of the violation.” People v. Cunningham, 2018 IL App (1st) 153367 , ¶ 57.

12020–2020
People v. Turner green
illappct · 2006
2 sentences

2008The parties cite People v. Turner, 367 Ill.App.3d 490, 499 , 305 Ill.Dec. 229 , 854 N.E.2d 1139 (2006), to support their assertion that we are reviewing for abuse of discretion the trial court's decision to deny a sanction for a discovery violation.

2008The parties cite People v. Turner, 367 Ill.App.3d 490, 499 , 305 Ill.Dec. 229 , 854 N.E.2d 1139 (2006), to support their assertion that we are reviewing for abuse of discretion the trial court's decision to deny a sanction for a discovery violation.

12008–2008
Alaska Steamship Co. v. Petterson green
scotus · 1954
1 sentence

1995In support of our holding that trial courts should always consider personal sanctions under Rule 415(g)(ii) against attorneys who willfully violate discovery orders in criminal cases, we note the views expressed by Justice Brennan in his dissent from the Court's decision in Taylor v. Illinois (1988), 484 U.S. 400 , 108 S.Ct. 646 , 98 L.Ed.2d 798 , approving the exclusion of a defendant's alibi witnesses as a sanction for a discovery violation: "In the absence of any evidence that a defendant played any part in an attorney's willful discovery violation, directly sanctioning the attorney is not

11995–1995
Dyduch v. Crystal Green Corp. green
illappct · 1991
1 sentence

1994(Dyduch v. Crystal Green Corp. (1991), 221 Ill.

11994–1994
People Ex Rel. General Motors Corp. v. Bua green
ill · 1967
2 sentences

1994General Motors Corp. v. Bua (1967), 37 Ill. 2d 180, 197 , 226 N.E.2d 6, 16 .) The sanctions which may be imposed under Rule 219(c) are: "such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks but the court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment.” (Bua, 37 Ill. 2d at 196 , 226 N.E.2d at 16 .) However, a court is not limited to only those sanctions enumerated in Rule 219(c) but may enter any order which is just, provided the purpose of a sanction for a di

1994General Motors Corp. v. Bua (1967), 37 Ill. 2d 180, 197 , 226 N.E.2d 6, 16 .) The sanctions which may be imposed under Rule 219(c) are: "such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks but the court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment.” (Bua, 37 Ill. 2d at 196 , 226 N.E.2d at 16 .) However, a court is not limited to only those sanctions enumerated in Rule 219(c) but may enter any order which is just, provided the purpose of a sanction for a di

11994–1994
People v. Brown green
illappct · 1982
1 sentence

1993(See People v. Brown (1982), 106 Ill.

11993–1993
People v. Anderson green
illappct · 1980
1 sentence

1980(People v. Anderson (1980), 80 Ill.

11980–1980

Statutes the citing opinions construe

IL § 720 ILCS 5/8-4 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 41 (1998–2026) IL 28 (1980–2026) FL 19 (1982–2024) OR 13 (1993–2026) MD 11 (1983–2024) ID 10 (1999–2021) WA 9 (2003–2019) MS 8 (2001–2025) CO 6 (2009–2026) AZ 6 (1995–2017) NJ 5 (2017–2020) MI 5 (2016–2026) ME 4 (2012–2025) PA 4 (2005–2016) NY 4 (2015–2026) MO 4 (1993–2020) ND 4 (2012–2023) CA 4 (2013–2024) OK 3 (1998–2009) NC 3 (2009–2021) WI 2 (1991–2019) TN 2 (2002–2002) NM 2 (2016–2025) WY 2 (2016–2016) NE 2 (2024–2025) MA 2 (1999–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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