Sanctions

• Author: Jennifer Duncan-Brice
• Pages: 1063-1084

28-1

SANCTIONS

CHAPTER 28

SANCTIONS

QUICK VIEW

Def‌inition: Sanctions provide litigants and the court with a vehicle to address improper practices and to maintain

decorum and dignity. The relief available includes compelling compliance with court orders, imposing attorney fees

and costs on the sanctioned attorney or party, precluding the introduction of testimony and other evidence, striking

pleadings, dismissing claims and defenses, entering a default judgment, imposing f‌ines and incarceration.

Scope of Chapter: The chapter explains what sanctions can be obtained for a particular infraction. It explains the

requirement to have a sanction heard. A contemnor has certain constitutional rights, which are discussed. The standards

that have to be met are also presented.

Statutes and Rules: Supreme Court Rules 137, 219 and 375.

Related Topics: Pleading, Ch.13; Motion Practice, Ch.14; Attacking the Pleadings, Ch15; All Discovery, Ch. 20;

Discovery Disputes, Ch. 27.

TABLE OF CONTENTS

I. SUPREME COURT RULE 137

A. In General

§28:01 Application

§28:02 Purpose

§28:03 Documents Subject to the Rule

§28:04 Attorney’s Obligation to Investigate

§28:05 Attorney’s Continuing Duty to Withdraw or Amend Papers

§28:06 Interplay Between SCR 137 and the Consumer Fraud Act

§28:07 Responsive Pleading Not Necessary to Seek Damages

B. Procedure for Obtaining Sanctions

§28:20 Substance of Motion

§28:21 Signature of Attorney or Party

§28:22 Timeliness

§28:23 Moving Party’s Burden

§28:24 Evidentiary Hearing When Facts Are Disputed

§28:25 Written Decision Required

§28:26 Subjective Bad Faith Finding

C. Imposition of Sanctions

§28:40 Appropriate Sanctions

§28:41 Against Party or Attorney

Illinois Pretrial Practice 28-2

SANCTIONS

§28:42 Multiple Sanctions

§28:43 Sanctions Are Not Subject to Contribution

§28:44 Costs

§28:45 Use of Fictitious Names

§28:46 Award of Expenses and Attorney Fees

D. Appellate Review

§28:50 Interplay Between Rule and Appeal

§28:51 Deference to the Trial Court

§28:52 Factors Considered on Review

§28:53 Both Imposition of Sanctions and Failure to Impose Sanctions Are Reviewable

§28:54 Trial Court’s Failure to Specify Basis and Rule

§28:55 Overhead Costs

II. SUPREME COURT RULE 219

§28:60 Application

A. Compelling Discovery

§28:70 Failure to Respond to Interrogatories or Deposition Questions

§28:71 Failure to Admit Facts

§28:72 Failure to Object

B. Sanctions for Violation of Discovery Orders

§28:80 Written or Oral Motion Is Acceptable

§28:81 Written Order Required

§28:82 Sanctions Available for Violation of Discovery Order

§28:83 Sanctions for Abuse of Discovery Procedures

§28:84 Intentional or Inadvertent Conduct May Be Sanctioned

§28:85 Appropriateness of Dismissal of Claim

§28:86 Factors to Consider Before Barring Testimony

§28:87 Vacating Sanctions

§28:88 Interplay With Mandatory Arbitration

§28:89 No Residual Jurisdiction to Entertain Sanctions Motion After Dismissal

§28:90 Sanctions in Re-Filed Case for Misconduct Prior to Voluntary Non-Suit

§28:91 Dismissal for Want of Prosecution

III. CONTEMPT PROCEEDINGS

A. In General

§28:100 Types of Contempt

§28:101 Civil Contempt

§28:102 Criminal Contempt

§28:103 Direct vs. Indirect Contempt

§28:104 No Statute of Limitations

§28:105 Entitlement to Jury Trial

§28:106 Content of Contempt Order

B. Appellate Review

§28:120 Final Order

§28:121 Abuse of Discretion Standard on Appellate Review

§28:122 Failure to Timely Appeal

§28:123 Review of Underlying Discovery Order

C. Civil Contempt

§28:130 Elements of Civil Contempt

§28:131 Continuation of Original Action

§28:132 Proceeding in Direct Civil Contempt

§28:133 Proceeding in Indirect Civil Contempt

§28:134 Burden of Proof in Indirect Contempt

§28:135 Change in Events