Discovery Disputes

• Author: Jennifer Duncan-Brice
• Pages: 341-368

27-1 (Rev. 12, 9/16)

Chapter 27

DISCOVERY DISPUTES

QUICK VIEW

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.

ILLINO IS PRE TRIAL PRACTICE 27-2

• Form 27:130, Agreed Protective Order With Confidentiality Agreement.

TABLE OF CONTENTS

I. Preliminary Considerations

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

II. Preliminary Steps

§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

III. Available Relief

§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

IV. Discovery Motions

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