Discovery Disputes

AuthorJennifer Duncan-Brice
Chapter 27
discovery disPutes
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
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
§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

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