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Dechert LLP

11/19/2020 | Press release | Distributed by Public on 11/20/2020 01:41

Illinois Expands Defendants’ Access to Discovery in Criminal Cases

Key Takeaways

  • The Illinois Supreme Court recently revised the rules that apply to all criminal proceedings in the state to allow criminal defendants, upon motion, to access discovery materials without the presence of counsel.
  • The revised rule continues to protect confidential information by requiring redaction of contact information and other sensitive personal data for witnesses, mental health professionals, and victim's advocates before discovery can be shared with criminal defendants.
  • The rule change, which took effect during COVID 19's global pandemic, recognizes the impracticalities of requiring the presence of counsel, the need for defendants to review discovery materials, and notes that ethical and professional decisions regarding discovery are best left to counsel and their clients.