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Northern Illinois University

2018

Evidence preservation

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Presuit Discovery And Evidence Preservation In Illinois Circuit Courts, Jeffrey A. Parness, Jessica Theodoratos Sep 2018

Presuit Discovery And Evidence Preservation In Illinois Circuit Courts, Jeffrey A. Parness, Jessica Theodoratos

College of Law Faculty Publications

Once a civil action has been commenced in an Illinois Circuit Court, lawyers and their clients who are parties must preserve evidence relevant to the pending claims. Under Professional Conduct Rule (RPC) 8.4(d), lawyers may not "engage in conduct that is prejudicial to the administration of justice." Under RPC 8.4(a), a lawyer must not assist or induce others to engage in such conduct. Further, RPC 3.4(a) demands that a lawyer not act in ways that "unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value."