discovery

Question 1

materials are discoverable if what 2 things are met

Answer 1

1) METHOD of discovery must be proper in IL and

2) MATERIAL sought must be w/i proper scope

Question 2

5 proper methods of discovery in IL

Answer 2

1) AUTOMATIC prompt disclosure
2) depositions
3) pre-trial disclosure of TESTIFYING WITNESSES
4) request to admit
5) duty to supplement

Question 3

automatic prompt disclosures

Answer 3

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

Question 4

is there a requirement for when automatic prompt disclosures are needed in IL

Answer 4

YES only for actions in controversy is 50K or LESS

- if over 50k not automatic disclosures

Question 5

if the amount in controversy is met for automatic disclosures (50K or LESS) what items must be disclosed

Answer 5

1) all basis for CLAIMS and DEFENSES
2) all potential WITNESSES
3) all RELEVANT DOCUMENTS
4) damages COMPUTATION
5) relevant INSURANCE

Question 6

what is the ONLY discovery device that can be used on a non-party

Answer 6

DEPOSITIONS are the only discovery device that can be used on non-party to claim

Question 7

discovery depositions

Answer 7

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

Question 8

discovery depositions limitations and uses

Answer 8

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

Question 9

deposition evidence

Answer 9

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

Question 10

deposition evidence limitations and uses

Answer 10

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

Question 11

for depositions are they presumed discovery or evidence

Answer 11

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

Question 12

pre-trial disclosure of testifying witness

Answer 12

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

Question 13

request to admit

Answer 13

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

Question 14

time frame for request to admit

Answer 14

if request is not denied under oath w/i 28 days, request is deemed admitted

Question 15

duty to supplement

Answer 15

each side have an automatic ongoing obligation to update prior disclosure w/i REASONABLE time of discovering any NEW INFO

Question 16

what is the time frame for duty to supplement

Answer 16

automatic obligation to update prior disclosure w/i REASONABLE time of discovering any NEW INFO

Question 17

what material is w.i scope of discovery

Answer 17

if it is relevant, proportionate and not privileged

Question 18

work product

Answer 18

ANY material prepared for litigation and NOT ORDINARY course of business

Question 19

mental impressions of an attorney for work product

Answer 19

are generally not discoverable unless it would be IMPOSSIBLE to obtain evidence any other way

Question 20

x/c for mental impressions of an attorney for work product

Answer 20

generally not discoverable unless it would be IMPOSSIBLE to obtain evidence any other way
-ex: witness died

Question 21

all other types of work product besides mental impressions of an attorney

Answer 21

generally freely discoverable

x/c CONSULTATING EXPERTS which can be discovered upon showing exculpatory circumstances

Question 22

x/c to all other types of work product besides mental impressions of attorney that are generally freely discoverable

Answer 22

X/C: consultating experts which can be discovered upon showing exculpatory circumstances

Question 23

request for admission

Answer 23

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

Question 24

time frame for request for admission to deny or admitted

Answer 24

all FACTS that are not denied in 28 days are deemed admitted unless court finds good cause to releive the party from admission

Question 25

request for admission: what does it only apply to

Answer 25

FACTS, all legal conclusions will be stricken from the motion