Motion to Compel Discovery

 

 Circuit Court of Illinois
 Cook County

 

Notice Required

A motion to compel must be made "on notice to all persons affected thereby." IL Supreme Court R. 219(a).

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 act. IL Supreme Court R. 183.

Filing Deadline Not Deadline For Hearing

No provision in these rules or in the Civil Practice Law prescribing a period for filing a motion requires that the motion be heard within that period. Either party may call up the motion for disposition before or after the expiration of the filing period.IL Supreme Court R. 184.

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judges have their own calendars, and certain judges have issued standing orde more...

Required Statement of Reasonable Effort to Resolve Differences

The parties must make reasonable efforts to facilitate the discovery process and to resolve differen more...

Every motion "with respect to discovery" must incorporate a statement by counsel responsible for tri more...

(1) despite personal consultation with opposing counsel and reasonable efforts to resolve the disput more...

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

. more...

Local Rule -- Personal Consultation

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

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

Opposition and Reply Papers

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

The Cook County Circuit Court Rules provide that, an opposing party "may serve an answering memorand 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 motio more...

Notice of Hearing

The moving party must serve a written notice of hearing of the motion. . In practice, the notice of more...

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

Statement of Reasonable Effort to Resolve Differences

The parties shall facilitate discovery under the Supreme Court Rules and shall make reasonable attem more...

Every motion with respect to discovery shall incorporate a statement that counsel responsible for tr 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. IL Supreme Court R. 201(k).

Local Rule -- Personal Consultation

A motion pertaining to discovery shall contain a statement as to "Personal Consultation", pursuant t 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 circumstan 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 o 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 thing more...

Sanctions

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

A party seeking a motion to compel may also seek sanctions against the opposing party. Cook County 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 be hel 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 ente 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 t more...

Identity of Witnesses

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

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

(2) Independent Expert Witnesses. An "independent expert witness" is a person giving expert testimon more...

(3) Controlled Expert Witnesses. A "controlled expert witness" is a person giving expert testimony w more...

Full Disclosure

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

"Documents" Defined

The word "documents" includes, but is not limited to, papers, photographs, films, recordings, memora more...

Privilege and Work Product

All matters that are privileged against disclosure on the trial, including privileged communications more...

Claims of Privilege

When a party responding to discovery withholds information or documents from disclosure under a clai more...

Discovery From Consultants

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

Sequence of Discovery

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

Claims for Bodily Injury, Waiver of Privilege

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

Notice of Hearing

Required

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

Content of Notice

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

Notice of Motion, Motion and Blank Order forms are available on the Clerk of t 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 THE 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 address more...

Indicate If Service Permitted by Fax

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

Citations to Authority and Exhibits

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

Signature

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

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

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

Every motion "with respect to discovery" must incorporate a statement by counsel responsible for tri more...

(1) despite personal consultation with opposing counsel and reasonable efforts to resolve the disput more...

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

. more...

Proposed Order

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

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

Opposition and Reply Papers

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

The Cook County Circuit Court Rules provide that an opposing party "may serve an answering memorandu more...

Written Appearance

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

Ruling and Order

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

Local Rule Regarding Order

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

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