Discovery Disputes

• Author: Jennifer Duncan-Brice
• Pages: 251-272

27-251

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 docu-

ments, 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 discov-

ery 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 27-252

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

§27:10 Effect of the Rules Changes

§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

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