party who claims privilege (Illinois) · Go Syfert
← Illinois issues

party who claims privilege in Illinois

10 Illinois opinions name it 1 courts 1990–2023 2 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 (2)

CaseFollowedCited
Mlynarski v. Rush Presbyterian-St. Luke's Medical Centergreen
illappct · 1991 · cited in 4 Illinois opinions naming this issue, 2015–2022
2 sentences

2022The Burden of Proof ¶ 58 “ ‘The party who claims the privilege has the burden of showing the facts which give rise to the privilege.’ ” Doe v. Township High School District 211, 2015 IL App (1st) 140857, ¶ 70 , 34 N.E.3d 652 (quoting Mlynarski, 213 Ill.

2015Luke's Medical Center, 213 Ill.

34
MacK v. Utah State Department of Commercegreen
utah · 2009 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Tebbens v. Levin & Conde, 2018 IL App (1st) 170777, ¶ 24 ; Mack v. Utah State Department of Commerce, Division of Securities, 221 P.3d 194, 203 (Utah 2009).

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 (9)

CaseCitedYears
Cox v. Yellow Cab Co. green
ill · 1975
2 sentences

1990Material prepared by or for a party in preparation for trial is subject to discovery only if it does not contain or disclose the theories, mental impressions, or litigation plans of the party’s attorney.” The party who claims a privilege “ ‘has the burden of showing the facts which give rise to the privilege.’ ” (Cox v. Yellow Cab Co. (1975), 61 Ill. 2d 416, 419-20 , 337 N.E.2d 15 , quoting Krupp v. Chicago Transit Authority (1956), 8 Ill. 2d 37, 42 , 132 N.E.2d 532 .) Among other things, the party must prove that the statement was made for a privileged purpose (Cox, 61 Ill. 2d at 420 ) and sh

1990Material prepared by or for a party in preparation for trial is subject to discovery only if it does not contain or disclose the theories, mental impressions, or litigation plans of the party’s attorney.” The party who claims a privilege “ ‘has the burden of showing the facts which give rise to the privilege.’ ” (Cox v. Yellow Cab Co. (1975), 61 Ill. 2d 416, 419-20 , 337 N.E.2d 15 , quoting Krupp v. Chicago Transit Authority (1956), 8 Ill. 2d 37, 42 , 132 N.E.2d 532 .) Among other things, the party must prove that the statement was made for a privileged purpose (Cox, 61 Ill. 2d at 420 ) and sh

31990–1995
Consolidation Coal Co. v. Bucyrus-Erie Co. green
ill · 1982
2 sentences

2022App. 3d at 431 ); Consolidation Coal, 89 Ill. 2d at 119 . ¶ 59 “A party claiming that discovery material is privileged may not merely assert that the matter is confidential and privileged; rather, he should support such a claim ‘either by [(1)] producing the materials for an in camera inspection or [(2)] by submitting affidavits setting forth facts sufficient to establish the applicability of the privilege to the particular documents.’ ” Youle v. Ryan, 349 Ill.

2012Consolidation Coal Co., 89 Ill. 2d at 119 ; Fox Moraine, LLC, 2011 IL App (2d) 100017, ¶ 63 . ¶ 35 Here, defendants’ joint privilege log represented that certain documents were protected as work product.

22012–2022
Claxton v. Thackston green
illappct · 1990
2 sentences

1995App. 3d 232, 235 , 559 N.E.2d 82 .) The party who claims a privilege has the burden of coming forward with factual evidence which establishes the privilege.

1991(Claxton v. Thackston (1990), 201 Ill.

21991–1995
Tebbens v. Levin & Conde green
illappct · 2018
1 sentence

2023Tebbens v. Levin & Conde, 2018 IL App (1st) 170777, ¶ 24 ; Mack v. Utah State Department of Commerce, Division of Securities, 221 P.3d 194, 203 (Utah 2009).

12023–2023
Youle v. Ryan green
illappct · 2004
1 sentence

2022App. 3d at 431 ); Consolidation Coal, 89 Ill. 2d at 119 . ¶ 59 “A party claiming that discovery material is privileged may not merely assert that the matter is confidential and privileged; rather, he should support such a claim ‘either by [(1)] producing the materials for an in camera inspection or [(2)] by submitting affidavits setting forth facts sufficient to establish the applicability of the privilege to the particular documents.’ ” Youle v. Ryan, 349 Ill.

12022–2022
Doe v. Township High School District 211 green
illappct · 2015
2 sentences

2022The Burden of Proof ¶ 58 “ ‘The party who claims the privilege has the burden of showing the facts which give rise to the privilege.’ ” Doe v. Township High School District 211, 2015 IL App (1st) 140857, ¶ 70 , 34 N.E.3d 652 (quoting Mlynarski, 213 Ill.

2022The Burden of Proof ¶ 58 “ ‘The party who claims the privilege has the burden of showing the facts which give rise to the privilege.’ ” Doe v. Township High School District 211, 2015 IL App (1st) 140857, ¶ 70 , 34 N.E.3d 652 (quoting Mlynarski, 213 Ill.

12022–2022
Fox Moraine, LLC v. United City of Yorkville green
illappct · 2011
1 sentence

2012Consolidation Coal Co., 89 Ill. 2d at 119 ; Fox Moraine, LLC, 2011 IL App (2d) 100017, ¶ 63 . ¶ 35 Here, defendants’ joint privilege log represented that certain documents were protected as work product.

12012–2012
Hyams v. Evanston Hospital green
illappct · 1992
1 sentence

1995(See Cox v. Yellow Cab Co. (1975), 61 Ill. 2d 416, 419-20 , 337 N.E.2d 15 ; Hyams, 225 Ill.

11995–1995
Krupp v. Chicago Transit Authority green
ill · 1956
2 sentences

1990Material prepared by or for a party in preparation for trial is subject to discovery only if it does not contain or disclose the theories, mental impressions, or litigation plans of the party’s attorney.” The party who claims a privilege “ ‘has the burden of showing the facts which give rise to the privilege.’ ” (Cox v. Yellow Cab Co. (1975), 61 Ill. 2d 416, 419-20 , 337 N.E.2d 15 , quoting Krupp v. Chicago Transit Authority (1956), 8 Ill. 2d 37, 42 , 132 N.E.2d 532 .) Among other things, the party must prove that the statement was made for a privileged purpose (Cox, 61 Ill. 2d at 420 ) and sh

1990Material prepared by or for a party in preparation for trial is subject to discovery only if it does not contain or disclose the theories, mental impressions, or litigation plans of the party’s attorney.” The party who claims a privilege “ ‘has the burden of showing the facts which give rise to the privilege.’ ” (Cox v. Yellow Cab Co. (1975), 61 Ill. 2d 416, 419-20 , 337 N.E.2d 15 , quoting Krupp v. Chicago Transit Authority (1956), 8 Ill. 2d 37, 42 , 132 N.E.2d 532 .) Among other things, the party must prove that the statement was made for a privileged purpose (Cox, 61 Ill. 2d at 420 ) and sh

11990–1990

Statutes the citing opinions construe

IL § 745 ILCS 10/1-101 (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

IL 10 (1990–2023) NE 4 (1966–1998) IN 3 (1983–1986) VT 3 (1996–2025) CT 2 (1984–2012) OH 2 (2014–2023) AZ 2 (2015–2025) NC 2 (2007–2008)

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.

← Caselaw search · G Cite Topics · Brief Check