Motion to Compel Discovery

 

 Circuit Court of Illinois
 Cook County

 

Notice Required

Extensions and Deadlines -- Illinois Supreme Court Rules

Extensions of Time

When good cause is shown, the court may grant any party additional time for filing or other required more...

Filing Deadline Not Deadline For Hearing

No provision in these rules or in the Civil Practice Law prescribing a period for filing a motion more...

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judges have their own calendars, and certain judges have issued standing orders and forms for more...

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 more...

Every motion "with respect to discovery" must incorporate a statement by counsel responsible for trial of the case more...

(1) despite personal consultation with opposing counsel and reasonable efforts to resolve the dispute, counsel have been unable to more...

(2) opposing counsel has made him or herself unavailable or has acted unreasonably. more...

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Local Rule -- Personal Consultation

A motion pertaining to discovery shall contain a statement as to "Personal Consultation", pursuant to a Supreme Court more...

File Motion and Motion Slip

To get on the "regular motion call", the moving party must complete a "motion slip" and present the more...

"Initial Hearing Date"

The hearing date assigned by the clerk when the motion is spindled is customarily referred to as the more...

Service of Motion

In practice, the motion, along with the notice of filing and notice of hearing, are usually mailed to more...

The Cook County Circuit Court Rules provide that the certificate of service and a copy of the motion more...

Memorandum In Support of Motion

In practice, for discovery motions there is usually no formal briefing unless and until, at the initial hearing, more...

The Cook County Circuit Court Rules provide that, for non-discovery motions, the moving party may serve on all more...

Opposition and Reply Papers

In practice, no opposition or reply briefs are usually filed unless the judge sets a briefing schedule at more...

The Cook County Circuit Court Rules provide that, an opposing party "may serve an answering memorandum within twenty-eight more...

Failure To File Supporting or Answering Memoranda

Failure to file a supporting or answering memorandum shall not be deemed to be a waiver of the more...

Notice of Hearing

The moving party must serve a written notice of hearing of the motion. . In practice, the notice of hearing (along with the motion and notice of filing) is usually served by more...

The Cook County Circuit Court Rules provide that if notice is personally served, the notice shall be delivered more...

Hearing Must Occur Within Ninety (90) Days of Filing the Motion

A hearing on any filed motion must be heard within ninety (90) days of the filing or the more...

Moving Party Must File All Relevant Papers With Judge at Least Three (3) Days Before Hearing

The moving party must file copies of all memoranda and relevant pleadings with the judge assigned to hear more...

Judge May Rule on Motion or Enter Briefing Schedule at Hearing

It is settled practice in Cook County for the judge to rule on a motion (other than dispositive more...

Statement of Reasonable Effort to Resolve Differences

The parties shall facilitate discovery under the Supreme Court Rules and shall make reasonable attempts to resolve differences over more...

Every motion with respect to discovery shall incorporate a statement that counsel responsible for trial of the case more...

        have been unable to reach an accord;

        or that opposing counsel made himself or herself unavailable for personal consultation;

        or that opposing counsel was unreasonable in attempts to resolve differences. .

Local Rule -- Personal Consultation

A motion pertaining to discovery shall contain a statement as to "Personal Consultation", pursuant to a Supreme Court more...

Grounds for Motion to Compel Compliance With Discovery

A motion to compel may be filed, upon notice to all affected persons, under the following circumstances: more...

Failure to Answer Question At Deposition

If a deponent fails to answer a question at deposition, the examination may be completed as to all more...

Failure to Respond to Interrogatories

A party may move to compel response to any interrogatory duly served on another party. . more...

Failure or Refusal to Comply With Request For Production

A party may move to compel compliance with any request for production of documents or tangible things or more...

Sanctions

If the motion is granted and the court finds that the refusal or failure at issue in the more...

A party seeking a motion to compel may also seek sanctions against the opposing party. Cook County SmartRules procedural guide: more...

Local Rule -- Request for Rule to Show Cause

Notice of a motion requesting a rule to show cause shall be sent to all non-parties sought to more...

Local Rule -- Motion to Vacate or Modify Discovery Order

Motions to vacate or modify a discovery order are heard in the courtroom in which the order was more...

Discovery Methods

A party can obtain information through: more...

Duplication of discovery methods to obtain the same information "should be avoided.". more...

Interrogatories

Duty To Reduce Burden on Responding Party

It is the duty of the attorney directing interrogatories to restrict them to the subject matter of the more...

Identity of Witnesses

Upon written interrogatory, a party must furnish the identities and location addresses of witnesses who will testify at more...

(1) Lay Witnesses. A "lay witness" is a person giving only fact or lay opinion testimony. For each more...

(2) Independent Expert Witnesses. An "independent expert witness" is a person giving expert testimony who is not the more...

(3) Controlled Expert Witnesses. A "controlled expert witness" is a person giving expert testimony who is the party, more...

Full Disclosure

Full disclosure in discovery is required as to any matter relevant to the subject matter involved in the more...

"Documents" Defined

The word "documents" includes, but is not limited to, papers, photographs, films, recordings, memoranda, books, records, accounts, communications and more...

Privilege and Work Product

All matters that are privileged against disclosure on the trial, including privileged communications between a party or his more...

Claims of Privilege

When a party responding to discovery withholds information or documents from disclosure under a claim of privilege, such more...

Discovery From Consultants

A consultant is a person who has been retained or specially employed in anticipation of litigation or preparation more...

Sequence of Discovery

Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, more...

Diligence in Discovery

The trial of a case shall not be delayed to permit discovery unless due diligence is shown. more...

Seasonable Supplementation and Amendment of Responses

With respect to interrogatories and requests to produce documents, "[a] party has a duty to seasonably supplement or more...

Claims for Bodily Injury, Waiver of Privilege

Any party who by pleading alleges any claim for bodily injury or disease, including mental health injury or more...

Notice of Hearing

Required

Except in actions appearing on the daily trial call or during the trial, written notice of the hearing more...

Content of Notice

A notice of hearing must show the title and number of the action, the name of the judge more...

Notice of Motion, Motion and Blank Order forms are available on the Clerk of the Cook County Circuit more...

Caption

All papers must be "entitled in the court and cause" and the "plaintiff's name shall be placed first." more...

Local Rule -- Cook County Caption

All papers filed with the Circuit Court of Cook County must contain in the caption the words "IN more...

Cook County G.O. 6.1 (). more...

Name and Address of Responsible Party

All papers filed in the cause or served on an opposing party must bear the name and business more...

Indicate If Service Permitted by Fax

If service by facsimile is permitted for the case, and the party filing the papers will accept facsimile more...

Memorandum Not Strictly Required

The moving party has the option to include with the motion a "short concise memorandum in support of more...

Local Rule -- Page Limit for "Contested" Motions

Contested motions are any motions not set for hearing on the judges' regular motion call. Each judge handles contested motions differently, a directory with links to each judge's calendar and standing orders (if more...

Citations to Authority and Exhibits

Cite cases by title, to the page of the volume where the case begins, and to the pages more...

Signature

Every pleading, motion, or other paper must be signed by at least one attorney of record, and the more...

By signing a paper, the signer certifies: more...

1. That he or she has read the paper; more...

2. That, to the best of his or her knowledge and belief, the paper is well grounded in fact more...

3. That the paper is not interposed for any improper purpose, such as harassment, delay, or needless increase in more...

The Court may impose sanctions against anyone who signs a document in violation of any of these requirements. more...

Additional Formatting Requirements

Cook County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

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 more...

Every motion "with respect to discovery" must incorporate a statement by counsel responsible for trial of the case more...

(1) despite personal consultation with opposing counsel and reasonable efforts to resolve the dispute, counsel have been unable to more...

(2) opposing counsel has made him or herself unavailable or has acted unreasonably. more...

.

Proposed Order

For contested motions, it is customary to prepare a draft order granting the relief sought, but to bring more...

For uncontested or routine motions, it is customary to file and serve a copy of a proposed order more...

Cook County SmartRules procedural guide: PROPOSED ORDER. more...

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judge's have their own calendars, and certain judges have issued standing orders and forms for proceedings more...

Filing

Moving Party -- File Moving Papers For Assignment of Hearing Date

The moving party must file motion papers at the "spindle counter" to receive assignment of a hearing date. more...

Moving Party -- File All Relevant Papers With Judge Three (3) Days Before Hearing

For all motions other than discovery motions, the moving party must file copies of all memoranda and relevant more...

Proof of Service

Proof of service must be filed with the Court. . more...

May Not File Non-Compliant Papers

Motions, pleadings, or other papers filed with the Clerk of the court and not in compliance with Supreme more...

Method

Cook County SmartRules procedural guide: FILING DOCUMENTS. more...

Service

Motion Papers

Customarily, motion papers, the notice of filing and the notice of hearing are all served by mail on more...

The Cook County Circuit Court Rules provide that a copy of the motion and a certificate of service more...

Opposition and Reply Papers

Customarily, written opposition and reply papers are not served unless and until the judge sets a briefing schedule more...

The Cook County Circuit Court Rules provide that an opposing party "may serve an answering memorandum within twenty-eight more...

Written Appearance

If a written appearance, general or special, is filed, copies of the appearance shall be served in the more...

Method of Service

Cook County SmartRules procedural guide: SERVICE OF PAPERS. more...

Sanctions

If the motion is granted and the court finds that the refusal or failure at issue in the more...

Ruling and Order

Whenever the court rules on a motion other than in the course of trial, the attorney for the more...

Local Rule Regarding Order

An attorney who has an order entered shall send copies to all other attorneys of record within 72 more...

Telephone Conference

Unless disallowed by local rule, the judge may, on the request of any party, direct that motions be more...

Calling the Motion for Hearing

Any involved party may call the motion up for hearing and disposition before or after the filing period. more...

Local Rule -- Moving Party Must Call Hearing Within Ninety (90) Days

The burden of calling for hearing a previously filed motion is on the party making the motion. more...

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