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.

Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to requests for production in Illinois Circuit Court.  For more detailed information, including local rules, on 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).

Request for Production Rules:

Any party may, by written request to any other party:

1. Direct the production, copying reproduction, photographing, testing or sampling of specified documents, objects or tangible things whenever relevant to the subject matter of the action. IL Supreme Court R. 214.

2. Gain access to real estate for the purpose of inspections, surveys, or the taking of samples or photographs whenever relevant to the subject matter of the action. IL Supreme Court R. 214.

3. Seek information calculated to lead to the discovery of any of the items listed above whenever relevant to the subject matter of the action. IL Supreme Court R. 214.

The request must state the place and manner of performing the acts compelled by the request. IL Supreme Court R. 214

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).

A copy of the request for production should be served on all other parties entitled to notice. IL Supreme Court R. 214.

Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to amended answers in Illinois Circuit Court.  For more detailed information, including local rules, on amended answers in a specific Illinois Circuit Court, please see the SmartRules Illinois Circuit Court Amended Answer Guide for the court where your action is pending.

Timing:

At any time before final judgment amendments may be allowed. 735 ILCS 5/2 616(a).

A pleading may be amended at any time, before or after judgment, to conform the pleadings to the proofs. 735 ILCS 5/2-616(c).

Amendments to the pleadings must be considered at the Case Management Conference. IL Supreme Court R. 218(a)(3).

Amended Answer Rules:

Amendments to pleadings may be allowed on just and reasonable terms. 735 ILCS 5/2-616(a). There is no right to amendment without leave of court as exists under the Federal Rules of Civil Procedure. 

Amendments may be allowed introducing any party who ought to have been joined as plaintiff or defendant, dismissing any party, changing the cause of action or defense or adding new causes of action or defenses, and in any matter, either of form or substance, in any process, pleading, bill of particulars or proceedings, which may enable the plaintiff to sustain the claim for which it was intended to be brought or the defendant to make a defense or assert a cross claim. 735 ILCS 5/2 616(a).

Before final judgment, amendments may be allowed on just and reasonable terms. 735 ILCS 5/2-616(a).

An amendment to conform to proof may be made upon terms as to costs and continuance that may be just. 735 ILCS 5/2-616(c).

Misnomer of a party is not a ground for dismissal but the name of any party may be corrected at any time, before or after judgment, on motion, upon any terms and proof that the court requires. 735 ILCS 5/2-401(b).

Before or after the entry of a summary judgment, the court shall permit pleadings to be amended upon just and reasonable terms. 735 ILCS 5/2-1005(g).

Where relief is sought and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitled the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms. 735 ILCS 5/2-617.

Where relief is sought in an action for attachment and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms. 735 ILCS 5/4-133.

The cause of action, cross claim or defense set up in any amended pleading shall not be barred by lapse of time if the time prescribed or limited had not expired when the original pleading was filed, and if it shall appear from the original and amended pleadings that the cause of action asserted, or the defense or cross claim interposed in the amended pleading grew out of the same transaction or occurrence set up in the original pleading, even though the original pleading was defective in that it failed to allege the performance of some act or the existence of some fact or some other matter which is a necessary condition precedent to the right of recovery or defense asserted, if the condition precedent has in fact been performed, and for the purpose of preserving the cause of action, cross claim or defense set up in the amended pleading, and for that purpose only, an amendment to any pleading shall be held to relate back to the date of the filing of the original pleading so amended. 735 ILCS 5/2 616(b).

A cause of action against a person not originally named a defendant is not barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if all the following terms and conditions are met: (1) the time prescribed or limited had not expired when the original action was commenced; (2) the person, within the time that the action might have been brought or the right asserted against him or her plus the time for service permitted under Supreme Court Rule 103(b), received such notice of the commencement of the action that the person will not be prejudiced in maintaining a defense on the merits and knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him or her; and (3) it appears from the original and amended pleadings that the cause of action asserted in the amended pleading grew out of the same transaction or occurrence set up in the original pleading, even though the original pleading was defective in that it failed to allege the performance of some act or the existence of some fact or some other matter which is a necessary condition precedent to the right of recovery when the condition precedent has in fact been performed, and even though the person was not named originally as a defendant. For the purpose of preserving the cause of action under those conditions, an amendment adding the person as a defendant relates back to the date of the filing of the original pleading so amended. 735 ILCS 5/2 616(d).

A cause of action against a beneficiary of a land trust not originally named a defendant is not barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if all the following terms and conditions are met: (1) the cause of action arises from the ownership, use or possession of real estate, record title whereto is held by a land trustee; (2) the time prescribed or limited had not expired when the original action was commenced; (3) the land trustee of record is named as a defendant; and (4) the plaintiff proceeds with reasonable diligence subsequent to the commencement of the action to serve process upon the land trustee, to determine the identity of the beneficiary, and to amend the complaint to name the beneficiary as a defendant. 735 ILCS 5/2 616(e).

Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to bringing a motion for leave to amend in Illinois Circuit Court.  For more detailed information, including local rules, on bringing a motion for leave to amend in a specific Illinois Circuit Court, please see the SmartRules Illinois Circuit Court Motion for Leave to Amend Guide for the court where your action is pending.

Timing:

Upon just and reasonable terms and for good cause shown the court will entertain a motion for leave to amend the pleadings at any time prior to the entry of judgment in the action. 735 ILCS 5/2-616(a).

Misnomer of a party is not a ground for dismissal but the name of any party may be corrected at any time, before or after judgment, on motion, upon any terms and proof that the court requires. 735 ILCS 5/2-401(b).

Before or after the entry of a summary judgment, the court shall permit pleadings to be amended upon just and reasonable terms. 735 ILCS 5/2-1005(g).

A pleading may be amended at any time before or after the entry of judgment in the action in order to conform the pleadings to the proof in the action, on terms “as to costs and continuance that are just.” 735 ILCS 5/2-616(c).

To preserve a claim that would otherwise be statutorily or contractually time-barred at the time of amendment, relation back to the date of filing of the original pleading is permitted in the following circumstances:

If it is evident from both the amended and original pleadings that a new cause of action, cross claim or defense asserted in an amended pleading grew out of the same transaction or occurrence set up in the original pleading, but the original pleading was defective in failing to allege a necessary condition precedent to the recovery or defense, the amended claim shall relate back to the date of original pleading for statute of limitations purposes only, provided the condition precedent has in fact been satisfied. 735 ILCS 5/2-616(b).

A party who might have been timely brought into the action at the time of original pleading may be joined to the action by amendment if he or she received notice of the pendency of the action during the original time allowed for filing and service, and knew or should have known that but for a mistake regarding the identity of the proper party, the action would have been brought against him or her. The party requesting the amendment must additionally establish that the claim against the new party arises out of the same transaction or occurrence set forth in the original pleadings. 735 ILCS 5/2-616(d).

Additional requirements apply for relation back in a cause of action against a beneficiary of a land trust. 735 ILCS 5/2-616(e).

Motion for Leave to Amend Rules:

On good cause shown and terms that are just, amendments to the pleadings will be permitted to introduce any party who ought to have been joined to the action, change the cause of action or defense or add new causes of action or defenses. Amendments are also more generally permitted “in any matter, either of form or of substance” which enables the moving party to sustain the claim or defense for which the pleading was intended to be brought. 735 ILCS 5/2-616(a).

A pleading may be amended at any time, before or after judgment, to conform the pleadings to the proofs, upon terms as to costs and continuance that may be just. 735 ILCS 5/2-616(c).

If the court determines, on motions directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief, but the plaintiff has sought the wrong remedy, the court “shall permit the pleadings to be amended, on just and reasonable terms.” In considering whether a proposed amendment is just and reasonable the court will consider:

(1) the right of the defendant to assert additional defenses;

(2) the right of the defendant to demand a trial by jury;

(3) the right of the defendant to plead a counterclaim or third party complaint; and

(4) whether to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.

735 ILCS 5/2-617.

Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to noticing a deposition in Illinois Circuit Court.  For more detailed information, including local rules, on noticing a deposition in a specific Illinois Circuit Court, please see the SmartRules Illinois Circuit Court Notice of Deposition Guide for the court where your action is pending.

Timing: 

A party desiring to take the deposition of any person upon oral examination shall serve notice in writing a reasonable time in advance on the other parties. IL Supreme Court R. 206(a).

On motion of any party upon whom the notice is served, the court, for cause shown, may extend or shorten the time. IL Supreme Court R. 206(a).

Unless otherwise agreed by the parties or ordered by the court, depositions shall not be taken on Saturdays, Sundays, or court holidays. IL Supreme Court R. 206(a).

If the evidence deposition of a witness is to be taken within 21 days of trial, a discovery deposition is not permitted unless the parties stipulate otherwise or the court orders otherwise upon notice and motion. IL Supreme Court R. 202.

Unless a shorter period is fixed by the court, the notice shall be served either within or without the State at least 21 days before the date of hearing, in the manner provided for service of summons. IL Supreme Court R. 217(a)(2).

Notice of Deposition Rules:

A party desiring to take the deposition of any person upon oral examination shall serve notice in writing a reasonable time in advance on the other parties. The notice shall state the time and place for taking the deposition; the name and address of each person to be examined, if known, or, if unknown, information sufficient to identify the deponent; and whether the deposition is for purposes of discovery or for use in evidence. IL Supreme Court R. 206(a).

Any party may take the testimony of any party or person by deposition upon oral examination or written questions for the purpose of discovery or for use as evidence in the action. The notice, order, or stipulation to take a deposition shall specify whether the deposition is to be a discovery deposition or an evidence deposition. In the absence of specification a deposition is a discovery deposition only. If both discovery and evidence depositions are desired of the same witness they shall be taken separately, unless the parties stipulate otherwise or the court orders otherwise upon notice and motion. If the evidence deposition of a witness is to be taken within 21 days of trial, a discovery deposition is not permitted unless the parties stipulate otherwise or the court orders otherwise upon notice and motion. IL Supreme Court R. 202.

A party may in the notice and in a subpoena, if required, name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons to testify on its behalf, and may set forth, for each person designated, the matters on which that person will testify. The subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. IL Supreme Court R. 206(a)(1).

If a party serving notice of deposition intends to record the deponent’s testimony by use of an audio-visual recording device, the notice of deposition must so advise all parties to the deposition. If any other party intends to record the testimony of the witness by use of an audio-visual recording device, notice of that intent must likewise be served upon all other parties a reasonable time in advance. Such notices shall contain the name of the recording-device operator. After notice is given that a deposition will be recorded by an audio-visual recording device, any party may make a motion for relief in the form of a protective order under Rule 201. If a hearing is not held prior to the taking of the deposition, the recording shall be made subject to the court’s ruling at a later time. IL Supreme Court R. 206(a)(2).

If the deposition is to be taken pursuant to a subpoena, a copy of the subpoena shall be attached to the notice. IL Supreme Court R. 206(a)(2). 

When a notice of the taking of a deposition has been served, any party may take a deposition under the notice, in which case the party shall pay the fees and charges payable by the party at whose instance a deposition is taken. IL Supreme Court R. 206(b).

If the party serving notice of the taking of a deposition fails to attend or to proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party serving the notice to pay to the other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney’s fees. IL Supreme Court R. 209(a).

If the party serving notice of the taking of a deposition fails to serve a subpoena or notice, as may be appropriate, requiring the attendance of the deponent and because of that failure the deponent does not attend, and if another party attends in person or by attorney because he expects the deposition of that deponent to be taken, the court may order the party serving the notice to pay to the other party the amount of the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney’s fees. IL Supreme Court R. 209(b).

All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. IL Supreme Court R. 211(a).

Illinois Supreme Court Rule 217 provides detailed requirements for petitioning the court for permission to depose a party to perpetuate testimony. IL Supreme Court R. 217.

A party desiring to take the deposition of any person upon written questions shall serve them upon the other parties with a notice stating the name and address of the person who is to answer them if known, or, if the name is not known, a general description sufficient to identify him, and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within 14 days thereafter a party so served may likewise serve cross-questions. Within 7 days after being served with cross-questions a party may likewise serve redirect questions. Within 7 days after being served with redirect questions, a party may likewise serve re-cross-questions. IL Supreme Court R. 210(a).

The party at whose instance the deposition is taken shall transmit a copy of the notice and copies of the initial and subsequent questions served to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rules 206(e)(f) and 207, to take the testimony of the deponent in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by him. No party, attorney, or person interested in the event of the action (unless he is the deponent) shall be present during the taking of the deposition or dictate, write, or draw up any answer to the questions. IL Supreme Court R. 210(b).

The party causing a deposition to be filed shall promptly serve notice thereof on the other parties. IL Supreme Court R. 210(c).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

 Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to case managment statements in Illinois Circuit Court. For more detailed information, including local rules, please see the SmartRules Guides for Case Management Statement in Illinois Circuit Court.

Timing:

Unless a local rule provides otherwise, the Court must hold an initial case management conference within thirty-five (35) days after “the parties are at issue” and in no event more than one hundred and eighty-two (182) days after the filing of the complaint. IL Supreme Court R. 218(a).

At the initial conference the court will either set a date for trial or set a date for a subsequent conference. IL Supreme Court R. 218(b).

Case Management Statement Rules: 

 At the case management conference, counsel familiar with the case and authorized to act are required to appear and discuss the following issues:

(1) The Nature, Issues and Complexity of the Case. IL Supreme Court R. 218(a)(1).

(2) Simplification of the Issues. IL Supreme Court R. 218(a)(2).

(3) Amendments to the Pleadings. IL Supreme Court R. 218(a)(3).

(4) Narrowing Issues for Trial. At the conference counsel should be prepared to discuss the possibility of narrowing the issues for trial by obtaining admissions of fact and documents which will avoid unnecessary proof. IL Supreme Court R. 218(a)(4).

(5) Discovery Limitations. Counsel should attend the conference prepared to discuss reasonable limitations on discovery. IL Supreme Court R. 218(a)(5). These may include:
(a) Limiting the number and duration of depositions. IL Supreme Court R. 218(a)(5)(i).
(b) The number of expert witnesses who may be called at trial and their areas of expertise. IL Supreme Court R. 218(a)(5)(ii).
(c) Deadlines for disclosure of witnesses, completion of depositions, and completion of written discovery. IL Supreme Court R. 218(a)(5)(iii).

(6) Settlement. The court may explore the possibility of settlement and if appropriate schedule a settlement conference. IL Supreme Court R. 218(a)(6).

(7) ADR. The court may use the conference to consider the advisability of alternative dispute resolution in the action. IL Supreme Court R. 218(a)(7).

(8) Setting a Trial Ready Date. IL Supreme Court R. 218(a)(8).

(9) Additional Conferences and Other Matters. At the case management conference counsel and the court will discuss the need for subsequent case management conferences. IL Supreme Court R. 218(a)(9). The court may also explore any other matters which may aid in the disposition of the action. IL Supreme Court R. 218(a)(10).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to bringing a motion for protective order in Illinois Circuit Court. For more detailed information, including local rules, please see the Illinois Circuit Court SmartRules Guides: Motion for Protective Order, Opposition to Motion for Protective Order and Reply in Support of Motion for Protective Order.

Filed Anytime

A motion for protective order to prevent discovery abuses may be filed at any time during the discovery process. IL Supreme Court R. 201(c)(1).

Required Statement of Reasonable Effort to Resolve Differences

The parties must make reasonable efforts to facilitate the discovery process and to resolve differences without the assistance of the Court.

Every motion “with respect to discovery” must incorporate a statement by counsel responsible for trial of the case that:

(1) despite personal consultation with opposing counsel and reasonable efforts to resolve the dispute, counsel have been unable to reach accord, or

(2) opposing counsel has made him or herself unavailable or has acted unreasonably.

IL Supreme Court R. 201(k).

Other Motion for Protective Order Rules

The court may, on its own motion or the motion of any party, issue a protective order as justice requires, denying, limiting, conditioning or regulating discovery to prevent unreasonable embarrassment, annoyance, expense, disadvantage or oppression. IL Supreme Court R. 201(c)(1).

The court also may, on its own motion or the motion of any party, supervise all or any part of the discovery process. IL Supreme Court R. 201(c)(2).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.

Use this information to learn the statewide rules of civil procedure that you need to know to propound interrogatories in the Illinois Circuit Court.  For more detailed treatment of interrogatories in the Illinois Circuit Court, including local rules, please see the Illinois Circuit Court SmartRules Guides Interrogatories, and Response to Interrogatories.   Also, regarding formatting requirements please see the SmartRules Illinois Circuit Court Guide Generally Applicable Rules and Formatting Requirements.

Illinois Circuit Court Interrogatory and Response to Interrogatory Rules

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).

Within twenty eight (28) days after service of the interrogatories, the party to whom they are directed must serve a sworn answer or an objection to each interrogatory, with proof of service upon all other parties entitled to notice. IL Supreme Court R. 213(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 and the fact that a party is conducting discovery “shall not operate to delay any other party’s discovery.” IL Supreme Court R. 201(e).

The party served with interrogatories must answer or object to each question. IL Supreme Court R. 213(d).

Each answer or objection must be immediately preceded by a full restatement of the interrogatory to which it responds. IL Supreme Court R. 213(d).

Answers and objections to interrogatories served on a corporation, partnership or association must be sworn and should be made by an officer, partner or agent who shall furnish such information as is available to the party. IL Supreme Court R. 213(d).

Interrogatory answers have the same evidentiary effect as responses given in a discovery deposition. IL Supreme Court R. 213(h).

When the answer to an interrogatory may be obtained from documents in the possession or control of a party on whom the interrogatory was served, the responding party may produce the documents as his or her response to the interrogatory. IL Supreme Court R. 213(e).  In this event the production of documents must comply with the rules for responses to requests for production.

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).

When a party responding to discovery withholds information or documents from disclosure under a claim of privilege, such a 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).

With respect to interrogatories and requests to produce documents, “[a] party has a duty to seasonably supplement or amend any prior answer or response whenever new or additional information subsequently becomes known to that party.” IL Supreme Court R. 213(i) and 214.

Supreme Court Rule 213 regarding interrogatories is to be liberally construed to do substantial justice between or among the parties. IL Supreme Court R. 213(k).

A party may direct written interrogatories to any other party. IL Supreme Court R. 213(a).

It is the duty of the attorney directing interrogatories to restrict them to the subject matter of the case, avoid undue detail, and avoid the imposition of un-necessary burden or expense on the answering party. IL Supreme Court R. 213(b).

The Supreme Court has established standard form interrogatory sets for a number of causes of action. IL Supreme Court R. 213(j). These forms should be used in cases where a form for the cause of action at issue is available. The forms can be found within the text of the Supreme Court Rules, immediately following Rule 213. IL Supreme Court R. 213.

Generally, a party may not serve more than thirty (30) interrogatories, including sub-parts, without leave of court granted on good cause shown after written motion. The motion for leave to serve interrogatories in excess of thirty (30) must set forth the proposed questions and the reasons establishing good cause. IL Supreme Court R. 213(c); Cook County Circuit Court R. 3.1(a).

Where the Supreme Court has provided standard form interrogatories for a cause of action and the number of questions in the standard form exceeds thirty (30), the form may be employed without leave of court in the cause of action to which it applies. IL Supreme Court R. 213(c).

Upon written interrogatory, a party must furnish the identities and location addresses of witnesses who will testify at trial, together with the subject of their testimony and must provide the following information:

(1) Lay Witnesses. A “lay witness” is a person giving only fact or lay opinion testimony. For each lay witness, the party must identify the subjects on which the witness will testify. An answer is sufficient if it gives reasonable notice of the testimony, taking into account the limitations on the party’s knowledge of the facts known by and opinions held by the witness.

(2) Independent Expert Witnesses. An “independent expert witness” is a person giving expert testimony who is not the party, the party’s current employee, or the party’s retained expert. For each independent expert witness, the party must identify the subjects on which the witness will testify and the opinions the party expects to elicit. An answer is sufficient if it gives reasonable notice of the testimony, taking into account the limitations on the party’s knowledge of the facts known by and opinions held by the witness.

(3) Controlled Expert Witnesses. A “controlled expert witness” is a person giving expert testimony who is the party, the party’s current employee, or the party’s retained expert. For each controlled expert witness, the party must identify: (i) the subject matter on which the witness will testify; (ii) the conclusions and opinions of the witness and the bases therefor; (iii) the qualifications of the witness; and (iv) any reports prepared by the witness about the case. IL Supreme Court Rule 213(f).