Service Interrogatories With The Court In Illinois
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Whether to admit interrogatory answers is within the discretion of the trial court, just as with any other evidence, and a trial court's refusal to admit such evidence will only be reversed upon a showing of manifest abuse of that discretion.
Court rules usually limit the number of questions included in an interrogatory. For example, under Rule 33 of the Federal Rules of Civil Procedure , each party may only ask the other party 25 interrogatory questions, unless the court permits them to ask more.
Each party is allowed to serve 25 interrogatories upon any other party, but must secure leave of court (or a stipulation from the opposing party) to serve a larger number.
If your case is an unlimited civil case (over $35,000) you may ask up to 35 special interrogatories, but may ask more with a declaration explaining the need for additional requests and a statement that the request is not done for an improper purpose.
Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information in a case. There are two types of interrogatories: form interrogatories and special interrogatories.
(a) No party shall serve on any other party more than thirty (30) written interrogatories in the aggregate including subsections except upon agreement of the parties or leave of court granted upon a showing of good cause.
Unless otherwise expressly provided by rule of the Supreme Court, whenever in this Code any complaint, petition, answer, reply, bill of particulars, answer to interrogatories, affidavit, return or proof of service, or other document or pleading filed in any court of this State is required or permitted to be verified, ...
C. How much time do I have to respond to the subpoena? The answer depends upon whether the request is in Illinois state court or federal court. Illinois state court rules require service at least seven (7) days before the date on which the appearance is required for a deposition, hearing or trial.
Also, amended Rule 213(d) retains the requirement that “within 28 days after service of the interrogatories upon the party to whom they are directed, the party shall serve a sworn answer or an objection to each interrogatory, with proof of service upon all other parties entitled to notice.