Motion for Protective Order in Illinois Circuit Court–At A Glance

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.

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