Notice Of Discovery \u0026amp; Specific Demand For Information In Illinois
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FAQ
One of the tools that a knowledgeable criminal defense attorney will use to defend your rights is the pre-trial discovery process when the defense can file a “Demand for Discovery and Inspection” requesting that the prosecution share its evidence with the defense. This can include: Witness lists.
A discovery response is essentially a choice that you make after receiving a request for information. The question then becomes, Should you comply or not?
The requesting party must include a due date for the response. This timeline cannot be less than 28 days. The party who receives the request must copy and provide the documents like they are normally kept.
The length of the discovery process depends on the facts of the case and the amount of evidence that has to be reviewed. Since both sides are required to submit their evidence to their opponents for review, it could take weeks or months for the lawyers on both sides to go over all of the documentation.
Under Illinois Supreme Court Rule 201(k), the attorneys or litigants must resolve their discovery issues before bringing a motion to the court asking to compel responses to the discovery.
(a) Any party may by written request direct any other party to produce for inspection, copying, reproduction photographing, testing or sampling specified documents, including electronically stored information as defined under Rule 201(b)(4), objects or tangible things, or to permit access to real estate for the purpose ...
Depending on the type of case, discovery could last a few months to more than a year. For example, large class action lawsuits, medical malpractice cases, and product liability claims often require lengthy discovery. The parties need time to retain and work with experts.
Requests to produce This could also include a request for access to a building. The requesting party must include a due date for the response. This timeline cannot be less than 28 days. The party who receives the request must copy and provide the documents like they are normally kept.
Illinois law allows for some latitude in the statute of limitations on personal injury actions through what is commonly known as the "discovery rule." The discovery rule allows the statute of limitations to be extended from the time of the injury to the time of the discovery of the injury.
If there is more than one other party in the case, the requesting party must give copies to all other parties. A party who receives interrogatories has 28 days to answer or object. Standard interrogatories for car accidents, divorces, and medical malpractice are available on the Illinois Courts' website.
