Illinois Discovery — Sample Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum Subject: Notice of Deposition and Request for Production of Documents [Your Name] [Your Law Firm] [Your Address] [City, State, ZIP] [Phone Number] [Email Address] [Date] [Opposing Counsel's Name] [Opposing Counsel's Law Firm] [Opposing Counsel's Address] [City, State, ZIP] Re: Case Name: [Your Client's Name] v. [Opposing Party's Name] Case No: [Case Number] Discovery Request: Deposition and Subpoena Ducks Cecum Dear [Opposing Counsel's Name], I hope this letter finds you well. As per [Your Client's Name]'s claim in the above-referenced case, we are writing to inform you of our intention to conduct a deposition on behalf of our client and request the production of documents pursuant to the Illinois Code of Civil Procedure. 1. Deposition: We hereby schedule the deposition of the following individuals for the purpose of obtaining sworn testimony regarding the facts relevant to this case: 1.1. [Deposition Witness 1]: [Name], [Title/Position] Date: [Proposed Deposition Date] Time: [Proposed Deposition Time] Location: [Deposition Location] 1.2. [Deposition Witness 2]: [Name], [Title/Position] Date: [Proposed Deposition Date] Time: [Proposed Deposition Time] Location: [Deposition Location] Please confirm your availability and provide alternative dates and times within the next [duration, e.g., 10 calendar days] should the proposed schedule not suit your calendar. 2. Subpoena Ducks Cecum: In addition to the depositions, we request the production of the following documents and/or electronically stored information (ESI) pursuant to Illinois Supreme Court Rule 204 and 214: 2.1. [Document Category 1] — [Specific Documents or ESI Requested]: [Specify documents or ESI] — [Timeframe for Requested Documents or ESI]: [Specify timeframe] — [Relevance/Rationale]: [Explain the relevance of the requested documents or ESI to the case] 2.2. [Document Category 2] — [Specific Documents or ESI Requested]: [Specify documents or ESI] — [Timeframe for Requested Documents or ESI]: [Specify timeframe] — [Relevance/Rationale]: [Explain the relevance of the requested documents or ESI to the case] Kindly review the document requests and promptly produce the requested materials within [duration, e.g., 30 calendar days] from the date of this letter. If there are any objections or challenges to the requests, please specify the grounds for such objections in writing before the due date. Please acknowledge receipt of this letter, along with your confirmation of attendance for the proposed deposition. Feel free to contact me at [Phone Number] or [Email Address] to discuss any concerns or further arrangements. Thank you for your prompt attention to this matter. Yours sincerely, [Your Name] [Your Law Firm] [Your Contact Information] Alternate Types of Illinois Discovery — Sample Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum: — Illinois Discover— - Sample Expedited Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum — Illinois Discover— - Sample Follow-Up Letter to Opposing Counsel regarding Deposition and Subpoena Ducks Cecum — Illinois Discover— - Sample Letter to Opposing Counsel's Client regarding Deposition and Subpoena Ducks Cecum — Illinois Discover— - Sample Letter to Opposing Counsel objecting to or clarifying Deposition and Subpoena Ducks Cecum.
Illinois Discovery - Sample Letter to Opposing Counsel regarding Deposition and Subpoena Duces Tecum
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FAQ
If the deposition was or would be admissible as substantive evidence at trial in the other iurisdiction, the deposition is deemed an evidence deposition. If not, the deposition is deemed a discovery deposition.
Discovery and depositions are key parts of preparing for any lawsuit. Discovery refers to the exchange of documents and information, while depositions refer to interviews of potential witnesses who may appear in trial. It is imperative you understand the rules for discovery and depositions in civil litigation.
Deposition Phase Normally, it starts after the written discovery phase ends; however, these phases sometimes overlap. When a deposition is scheduled, you and the defendant will both be required to appear to be deposed (i.e. questioned). Your deposition testimony is given under oath.
Like any other type of discovery, the purpose of a discovery deposition is to ascertain the truth by exploring the facts of the case. In re Estate of Rennick, 181 III. 2d 395, 401 (1998). In contrast, evidence depositions are merely intended to preserve evidence for trial.
Discovery is pre-trial investigation. It allows you to get either evidence itself, or information that will lead to getting the evidence you need. There are rules for how much time you have to do things, and how many questions you can ask in a certain way.
Rule 213 - Written Interrogatories to Parties (a)Directing 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.
By Practical Law Litigation. A sample statement regarding attempts to resolve discovery disputes under Illinois Supreme Court Rule 201(k) that counsel may include in a discovery-related motion in Illinois circuit court civil litigation.
When any party wishes to NOT cooperate with discovery they must file an objection to that discovery request. The objection must contain some articulable reason why the party should not have to participate in this particular discovery request. Discovery requests will often ask for everything under the sun.
