discovery Flashcards
materials are discoverable if what 2 things are met
1) METHOD of discovery must be proper in IL and
2) MATERIAL sought must be w/i proper scope
5 proper methods of discovery in IL
1) AUTOMATIC prompt disclosure
2) depositions
3) pre-trial disclosure of TESTIFYING WITNESSES
4) request to admit
5) duty to supplement
automatic prompt disclosures
only for actions in controversy is 50K or LESS if so each side MUST disclose the following
1) all BASIS for claims AND DEFENSES
2) all potential WITNESSES
3) all RELEVANT DOCUMENTS
4) damages COMPUTATION
5) relevant insurance
is there a requirement for when automatic prompt disclosures are needed in IL
YES only for actions in controversy is 50K or LESS
- if over 50k not automatic disclosures
if the amount in controversy is met for automatic disclosures (50K or LESS) what items must be disclosed
1) all basis for CLAIMS and DEFENSES
2) all potential WITNESSES
3) all RELEVANT DOCUMENTS
4) damages COMPUTATION
5) relevant INSURANCE
what is the ONLY discovery device that can be used on a non-party
DEPOSITIONS are the only discovery device that can be used on non-party to claim
discovery depositions
all depositions are PRESUMED to be for discovery purposes and limited as follows
1) 3 hours each AND
2) used at trial to impeach or admission OR
3) courts discretion if person unavailable
discovery depositions limitations and uses
presumed to be for discovery purposes and limited
1) 3 HOURS EACH and
2) used at trial to impeach or admission OR
3) courts discretion if person is unavailable
deposition evidence
identify it as it in notice or presumed discovery then no time limit and maybe used at trial for any purpose IF
1) opponent is unavailable or
2) health care professional
deposition evidence limitations and uses
identify it as it in notice or presumed discovery
1) no time limit and
2) maybe used at trial for ANY purpose IF
(a) opponent is unavailable OR
(b) health care professional
for depositions are they presumed discovery or evidence
discovery and therefore, limited to 3 hours and used at trial to impeach or admission or courts discretion if person unavailable
evidence: must identify it in notice or presumed discovery. No time limit and may be used at trial for ANY PURPOSE IF
(a) opponent unavailable or
(b) health care professional
pre-trial disclosure of testifying witness
party may serve interrogatory requesting other party to disclose NAMES and TOPICS of all expert and lay testifying witnesses and interrogators must be identified w/i 28 days
request to admit
a party may serve another party request to admit the truth of facts and authenticity of documents if request is not denied under oath w/i 28 days, request is deemed admitted
time frame for request to admit
if request is not denied under oath w/i 28 days, request is deemed admitted
duty to supplement
each side have an automatic ongoing obligation to update prior disclosure w/i REASONABLE time of discovering any NEW INFO
what is the time frame for duty to supplement
automatic obligation to update prior disclosure w/i REASONABLE time of discovering any NEW INFO
what material is w.i scope of discovery
if it is relevant, proportionate and not privileged
work product
ANY material prepared for litigation and NOT ORDINARY course of business
mental impressions of an attorney for work product
are generally not discoverable unless it would be IMPOSSIBLE to obtain evidence any other way
x/c for mental impressions of an attorney for work product
generally not discoverable unless it would be IMPOSSIBLE to obtain evidence any other way
-ex: witness died
all other types of work product besides mental impressions of an attorney
generally freely discoverable
x/c CONSULTATING EXPERTS which can be discovered upon showing exculpatory circumstances
x/c to all other types of work product besides mental impressions of attorney that are generally freely discoverable
X/C: consultating experts which can be discovered upon showing exculpatory circumstances
request for admission
in IL a party may serve a request for admission of any relevant facts or of the genuineness of any relevant document.
- the request must deal with facts; a request to admit legal conclusions will be stricken from the motion
- All facts that are not denied in 28 days are deemed admitted unless court finds good cause to relieve the party from admission
time frame for request for admission to deny or admitted
all FACTS that are not denied in 28 days are deemed admitted unless court finds good cause to releive the party from admission
request for admission: what does it only apply to
FACTS, all legal conclusions will be stricken from the motion
