Evanston, IL asked in Civil Litigation and Legal Malpractice for Illinois

Q: Is it illegal for a lawyer to withhold evidence they have until a later date if it's requested during discovery?

As a Pro Se respondent in a harassment case, I filed a discovery request to an opposing attorney requesting an alleged video. I accidentally put PM instead of AM but also added generally "any unwanted communication alleged by petitioner'. In the response to the request for the video it simply says "None".

I ended up hiring a lawyer and about 2 weeks before the date of the hearing (2 months after the discovery request) the opposing lawyer sent him the video along with maybe 20-30 more communications all of which were said to have happened prior to the discovery request.

As I read, a discovery request requires full disclosure of all documents so is it illegal to respond to the discovery request saying you are not in possession of something, only to suddenly have it months later?

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