Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to responses to requests for production in Illinois Circuit Court. For more detailed information, including local rules, on responses to requests for production in a specific Illinois Circuit Court, please see the SmartRules Illinois Circuit Court Request for Production Guide for the court where your action is pending.
Timing:
A request for production must allow a reasonable time for response which may not be less than twenty-eight (28) days absent an order of the court or agreement of the parties. IL Supreme Court R. 214.
Except with leave of court and for good cause shown, no discovery procedure “shall be noticed or otherwise initiated” prior to the time that all defendants have appeared or are required to appear in the action. IL Supreme Court R. 201(d).
Unless the court orders otherwise for the convenience of the parties and witnesses and in the interests of justice, a party may use methods of discovery in any sequence. IL Supreme Court R. 201(e).
Unless the court orders otherwise for the convenience of the parties and witnesses and in the interests of justice, the fact that a party is conducting discovery “shall not operate to delay any other party’s discovery.” IL Supreme Court R. 201(e).
Response to Request for Production Rules:
A party served with a written request to produce or inspect must (1) produce the requested documents as they are kept in the usual course of business or organized and labeled to correspond with the categories in the request, and all retrievable information in computer storage in printed form or (2) serve upon the party so requesting written objections on the ground that the request is improper in whole or in part. IL Supreme Court R. 214.
Where there is no objection to compliance the party served with a request for production must produce the requested items. Documents must be produced as they are kept in the ordinary course of business, or organized and labeled to correspond to the request. All information in computer storage must be produced in printed form. IL Supreme Court R. 214.
A party objecting to requests for production must serve written objections. An objection may be in whole or in part. If the objection is based on a claim that the requested items are not in the responding party’s possession or control, and if the requesting party seeks a hearing on the objections, the responding party may be required to submit to court examination or deposition about the whereabouts of the materials. IL Supreme Court R. 214.
Full disclosure in discovery is required as to any matter relevant to the subject matter involved in the pending action, whether it involves a claim or defense of the party requesting the disclosure or of any other party. Full disclosure includes the “existence, description, nature, custody, condition and location of any documents or tangible things,” as well as “the identity of any persons having knowledge of relevant facts.” IL Supreme Court R. 201(b)(1).
The word “documents” includes, but is not limited to, papers, photographs, films, recordings, memoranda, books, records, accounts, communications and retrievable information in computer storage. IL Supreme Court R. 201(b)(1).
A party responding to requests for production must “furnish” an affidavit stating whether the production is complete in accordance with the request. Where the request is objected to in part, the remainder of the request must be complied with. IL Supreme Court R. 214.
When a party responding to discovery withholds information or documents from disclosure under a claim of privilege such claim must be expressly made and supported by a description of the nature of the documents, communications or things withheld and the exact privilege claimed. IL Supreme Court R. 201(n).
Discovery materials may not be filed except upon leave of court or as authorized by statute or local rule. IL Supreme Court R. 201(m).
Notwithstanding the above, discovery requests to non-parties must be filed with the court. IL Supreme Court R. 201(o).
Objections to a request for production must be served on the party making the request. IL Supreme Court R. 214.