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.
Discovery, as it pertains to law, is a collective term for pre-trial procedures wherein parties request the disclosure of information from their respective adverse party – or attempt to decline such – while remaining in compliance with the respective court. Requests, motions, and documents pertaining to discovery include Initial Disclosures, Rule Report, Request for Production, Response to Request for Production, Interrogatories, Responses to Interrogatories, Requests for Admission, Responses to Request for Admission, Notice of Deposition, Subpoena, and Response to Subpoena.
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.
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).