Sanctions

• Author: Jennifer Duncan-Brice
• Pages: 273-290

28-273

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 stan-

dards 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

§28:01Application

§28:02Purpose

§28:03Documents Subject to the Rule

§28:04Attorney’s Obligation to Investigate

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

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

§28:07Responsive Pleading Not Necessary to Seek Damages

B. Procedure for Obtaining Sanctions

§28:20Substance of Motion

§28:21Signature of Attorney or Party

§28:22Timeliness

§28:23Moving Party’s Burden

§28:24Evidentiary Hearing When Facts Are Disputed

§28:25Written Decision Required

§28:26Subjective Bad Faith Finding

IllInoIs PretrIal PractIce28-274

C. Imposition of Sanctions

§28:40Appropriate Sanctions

§28:41Against Party or Attorney

§28:42Multiple Sanctions

§28:43Sanctions Are Not Subject to Contribution

§28:44 Costs

§28:45 Use of Fictitious Names

D. Appellate Review

§28:50Interplay Between Rule and Appeal

§28:51Deference to the Trial Court

§28:52Factors Considered on Review

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

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

II. Supreme Court Rule 219

§28:60Application

A. Compelling Discovery

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

§28:71Failure to Admit Facts

§28:72 Failure to Object

B. Sanctions for Violation of Discovery Orders

§28:80Written or Oral Motion Is Acceptable

§28:81Written Order Required

§28:82Sanctions Available for Violation of Discovery Order

§28:83Sanctions for Abuse of Discovery Procedures

§28:84Intentional or Inadvertent Conduct May Be Sanctioned

§28:85Appropriateness of Dismissal of Claim

§28:86Factors to Consider Before Barring Testimony

§28:87Vacating Sanctions

§28:88Interplay With Mandatory Arbitration

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

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

§28:91Dismissal for Want of Prosecution

III. Contempt Proceedings

A. In General

§28:100Types of Contempt

§28:101Civil Contempt

§28:102Criminal Contempt

§28:103Direct vs. Indirect Contempt

§28:104No Statute of Limitations

§28:105Entitlement to Jury Trial

§28:106Content of Contempt Order