Discovery Disputes

AuthorJennifer Duncan-Brice
Def‌initions: A party may obtain by discovery full disclosure regarding any matter relevant to the subject matter
involved in the pending action. A party may enforce discovery rights by a motion to compel discovery or a motion for
a protective order.
Scope: Legal authority; available relief; motions compelling discovery; motions for protective orders.
Strategies and Tactics:
Obtaining the full disclosure of relevant materials is the goal of all parties to a lawsuit. To obtain “full disclosure,” follow
the Supreme Court Rules to the letter and be as specif‌ic as possible in your requests for information and documents,
and most importantly, be aggressive in your follow up to the initial responses to your requests.
As a disclosing party, be forthright and complete in your responses and supplement all prior requests for discovery
when additional information or material comes to your knowledge or into your possession.
Statutes and Rules: SCR 201-224.
Related Topics: Motion Practice, Ch 14; All Discovery, Ch 20; Privileges, Ch 21; Production of Documents and Other
Things, Ch 22; Depositions, Ch 23; Physical and Mental Examinations, Ch 24; Interrogatories, Ch 25; Requests for
Admission, Ch 26.
Forms: See digital access for the following forms:
Form 27:10, Motion for Rule 308 Appeal.
Form 27:20, Sup Ct Rule 201(k) Letter.
Form 27:30, Motion to Compel.
Form 27:40, Motion to Compel Appearance.
Form 27:50, Subpoena for Discovery of Documents.
Form 27:60, Motion to Strike Objections and Deem Request to Admit Genuineness of Documents Admitted.
Form 27:70, Request to Supplement Under Sup Ct Rule 213(i).
Form 27:80, Motion to Compel Medical Release.
Form 27:85, Qualif‌ied Protective Order.
Form 27:90, Motion to Exclude Expert.
Form 27:100, Plaintiff’s Response to Defendant’s Motion to Compel Examination.
Form 27:110, Motion to Quash Subpoena for Deposition and for a Protective Order.
Form 27:120, Order for Motion to Quash.
Form 27:130, Agreed Protective Order With Conf‌identiality Agreement.
Illinois Pretrial Practice 27-2
A. Legal Authority
§27:01 Prevalent Types of Discovery Disputes
§27:02 Guiding Principle: Parties Must Attempt to Resolve Discovery Disputes
§27:03 History of Changes to Discovery Rules
§27:04 Federal vs. Illinois Discovery Rules
§27:05 Practical Considerations
B. Continuing Problems
§27:11 Delays in Hearing Disputes
§27:12 Ease of Evasion
§27:13 Appellate Review
§27:14 Discretionary Standard
§27:15 Lack of Enforcement Standards
§27:30 Steps to Take
§27:31 Letter to Opposing Counsel
§27:32 Call Opposing Counsel
§27:33 Make Appropriate Motion
§27:34 Court Ruling and Order
§27:40 Tactical Considerations
§27:41 Checklist: Available Types of Relief
§27:42 Awarding Sanctions Is Within Court’s Discretion
§27:43 Courts Rarely Award Dismissal or Default
A. Preliminary Considerations
§27:50 Introduction
§27:51 Number Your Pages When Answering Discovery Requests
§27:52 Set a Date for the Case Management Conference
§27:53 Procedure
§27:54 Timing of Motion
B. Compelling Discovery
1. Depositions
§27:60 Setting Date for Deposition
§27:61 Compelling Attendance of Party Witness
§27:62 Compelling Attendance of Nonparty Witness
§27:63 Setting Location of Deposition
§27:64 Compelling Answers at the Deposition
§27:65 Moving to Compel Responses
§27:66 Court Supervision of Discovery
§27:67 Compelling Deponent to Sign the Deposition
§27:68 Dealing With Argumentative Objections at the Deposition
§27:69 Opposing Overlong Depositions
§27:70 Scheduling Physicians’ Depositions
§27:71 Discovery Versus Evidence Deposition
§27:72 Cost of Doctor’s Deposition
§27:73 Chiropractor

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