West's Smith-Hurd Illinois Compiled Statutes Annotated
Court Rules
Illinois Supreme Court Rules
Article II. Rules on Civil Proceedings in the Trial Court
Part E. Discovery, Requests for Admission, and Pretrial Procedure
Effective: March 17, 2023
ILCS S. Ct. Rule 201
Formerly cited as IL ST CH 110A ¶ 201; IL ST S. Ct. Rule 201
Rule 201. General Discovery Provisions
Currentness
(a) Discovery Methods. Information is obtainable as provided in these rules through any of the following discovery methods: depositions upon oral examination or written questions, written interrogatories to parties, discovery of documents, objects or tangible things, inspection of real estate, requests to admit and physical and mental examination of persons. Duplication of discovery methods to obtain the same information and discovery requests that are disproportionate in terms of burden or expense should be avoided.
(1) Full Disclosure Required. Except as provided in these rules, a party may obtain by discovery full disclosure regarding any matter relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking disclosure or of any other party, including the existence, description, nature, custody, condition, and location of any documents or tangible things, and the identity and location of persons having knowledge of relevant facts. The word “documents,” as used in Part E of Article II, includes, but is not limited to, papers, photographs, films, recordings, memoranda, books, records, accounts, communications and electronically stored information as defined in Rule 201(b)(4).
(2) Privilege and Work Product. All matters that are privileged against disclosure on the trial, including privileged communications between a party or his agent and the attorney for the party, are privileged against disclosure through any discovery procedure. Material prepared by or for a party in preparation for trial is subject to discovery only if it does not contain or disclose the theories, mental impressions, or litigation plans of the party's attorney. The court may apportion the cost involved in originally securing the discoverable material, including when appropriate a reasonable attorney's fee, in such manner as is just.
(3) Consultant. A consultant is a person who has been retained or specially employed in anticipation of litigation or preparation for trial but who is not to be called at trial. The identity, opinions, and work product of a consultant are discoverable only upon a showing of exceptional circ*mstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject matter by other means.
(4) Electronically Stored Information. (“ESI”) shall include any writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations in any medium from which electronically stored information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form.
(3) Proportionality. When making an order under this Section, the court may determine whether the likely burden or expense of the proposed discovery, including electronically stored information, outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues.
(e) Sequence of Discovery. Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence, and the fact that a party is conducting discovery shall not operate to delay any other party's discovery.
(k) Reasonable Attempt to Resolve Differences Required. The parties shall facilitate discovery under these rules and shall make reasonable attempts to resolve differences over discovery. Every motion with respect to discovery shall incorporate a statement that counsel responsible for trial of the case after personal consultation and reasonable attempts to resolve differences have been unable to reach an accord or that opposing counsel made himself or herself unavailable for personal consultation or was unreasonable in attempts to resolve differences.
(1) While a motion filed under section 2-301 of the Code of Civil Procedure is pending, a party may obtain discovery only on the issue of the court's jurisdiction over the person of the defendant unless: (a) otherwise agreed by the parties; or (b) ordered by the court upon a showing of good cause by the party seeking the discovery that specific discovery is required on other issues.
(m) Filing Materials with the Clerk of the Circuit Court. No discovery may be filed with the clerk of the circuit court except by order of court or when authorized by Supreme Court Rule. Local rules shall not require the filing of discovery. Any party serving discovery shall file a certificate of service of discovery document. Service of discovery shall be made in the manner provided for service of documents in Rule 11.
(n) Claims of Privilege. When information or documents are withheld from disclosure or discovery on a claim that they are privileged pursuant to a common law or statutory privilege, any such claim shall be made expressly and shall be supported by a description of the nature of the documents, communications or things not produced or disclosed and the exact privilege which is being claimed.
(p) Asserting Privilege or Work Product Following Discovery Disclosure. If information inadvertently produced in discovery is subject to a claim of privilege or of work-product protection, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, each receiving party must promptly return, sequester, or destroy the specified information and any copies; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the receiving party disclosed the information to third parties before being notified; and may promptly present the information to the court under seal for a determination of the claim. The producing party must also preserve the information until the claim is resolved.
Credits
Amended eff. Sept. 1, 1974; Sept. 29, 1978, eff. Nov. 1, 1978; Jan. 5, 1981, eff. Feb. 1, 1981; May 28, 1982, eff. July 1, 1982; June 19, 1989, eff. Aug. 1, 1989; June 1, 1995, eff. Jan. 1, 1996; March 28, 2002, eff. July 1, 2002; Oct. 24, 2012, eff. Jan. 1, 2013; Nov. 28, 2012, eff. Jan. 1, 2013; May 29, 2014, eff. July 1, 2014; July 30, 2014, corrected nunc pro tunc May 29, 2014; March 17, 2023, eff. immediately.
Formerly Ill.Rev.Stat.1991, ch. 110A, ¶ 201.
I.L.C.S. S. Ct. Rule 201, IL R S CT Rule 201
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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