Discovery Interrogatories from Plaintiff to Defendant with Production Requests
Note: This summary is not intended to be an all-inclusive
summary of discovery law in Illinois, but does include basic and other
information.
Definitions
Discovery: A procedure designed to allow disclosure
of information between Plaintiffs and Defendants. Written questions,
oral questioning, document production and admissions requests are generally
allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories: Written questions from Plaintiff to
Defendant, or from Defendant to Plaintiff. The questions are mailed
to the Plaintiff, Defendant or the attorney for response in writing.
The answers or responses are usually due between 20-30 days.
Deposition: A procedure where verbal questions are
asked a Plaintiff or Defendant for immediate response. Depositions
are usually recorded by a court reporter, who swears the person to tell
the truth before questioning begins.
Production of Documents: The method of obtaining documents
from the other party relevant to the case such as all documents a party
intends to introduce at trial.
Requests for Admissions: Written questions where you
request the other party to admit or deny some relevant fact.
Objections: Objections may be made to all discovery
questions if the questions are not relevant, or likely to lead to the discovery
of relevant evidence.
Civil Procedure Rules: Virtually all states have adopted
a version of civil procedure rules which include rules dealing with discovery.
Illinois Discovery Provisions
The Illinois Discovery Provisions are contained in the Illinois
Supreme Court Rules. The discovery provisions apply in divorce actions.
Discovery Methods: Information is obtainable through the
following methods: depositions upon oral examination or written questions,
written interrogatories to parties, discovery of documents, objects or
tangible things, inspection of real estate, requests to admit and physical
and mental examination of persons. Duplication of discovery methods to
obtain the same information should be avoided. Rule 201(a)
Scope of Discovery: A party may obtain by discovery full
disclosure regarding any matter relevant to the subject matter involved
in the pending action, whether it relates to the claim or defense of the
party seeking disclosure or of any other party. Rule 201(b)
Sequence of Discovery: Unless the court orders otherwise,
methods of discovery may be used in any sequence. Rule 201(e)
Stipulations: If the parties so stipulate, discovery may
take place before any person, for any purpose, at any time, or place, and
in any manner.
Depositions
Where Depositions May Be Taken: Depositions may be taken
in the county which the deponent resides or is employed or transacts business
in person, or in the case of a plaintiff-deponent, in the county in which
the action is pending. Rule 203
Persons Before Whom Depositions May Be Taken: Within
the United States or a territory subject to U.S. dominion, depositions
shall be taken before an officer authorized to administer oaths by the
laws of Illinois or of the United States of of the place where the examination
is held or before a person appointed by the court. Rule 205(a)
In a foreign state or country depositions shall be taken before
a secretary of embassy, consul general, consul, vice-consul, or consular
agent of the United States, or any officer authorized to administer oaths
under the laws of Illinois. Rule 205(b)
Interrogatories
A party may direct written interrogatories to any other party. A
copy of the interrogatories shall be served on all other parties entitled
to notice. It is the duty of the attorney directing the interrogatories
to restrict them to the subject matter of the particular case. A party
shall not serve more than 30 interrogatories, including the sub-parts.
A motion for leave of court to serve more than 30 interrogatories
must be in writing and must set forth the proposed interrogatories and
the reasons for establishing good cause for their use. Rule 213
Production
Any party may by written request direct any other party to produce
for inspection, copying, reproduction photographing, testing or sampling
specified documents, objects or tangible things, or permit access to real
estate for the purpose of making surface or subsurface inspections or surveys
or photos, or tests or taking samples, or to disclose information calculated
to lead to the discovery or whereabouts of any of these items which are
relevant to the pending action. Rule 214
Physical and Mental Examinations of Persons
If a party's physical or mental condition is in controversy, the
court upon notice and on motion made within a reasonable time before trial,
may order such party to submit to a physical or mental examination for
a licensed professional in a discipline related to the physical or mental
condition which is involved. Rule 215
Requests for Admissions
A party may serve on any other party a written request for the admission
by the latter of the truth of any specified relevant fact set forth in
the request. The party may also serve a written request for admission of
the genuineness of any relevant documents described in the request. Rule
217
Compel Discovery
If a party or other deponent refuses to answer any question propounded
upon oral examination, the examination shall be completed on other matters
or adjourned, as the proponent of the question may prefer. Thereafter,
on notice to all persons affected thereby, the proponent of the question
may move the court for an order compelling an answer.
Rule 219
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask
the other side for an extension in writing. It may also be necessary
to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important
questions to ask the other side. Don't waste your requests writing
questions that you already know the answer to.
