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Illinois Discovery Interrogatories from Plaintiff to Defendant with...

Illinois Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Q: What happens if I don&#039;t answer interrogatories?

Motions to Compel If a party doesn&#039;t respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

Q: What happens if interrogatories are not answered?

Motions to Compel If a party doesn&#039;t respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

Category:

Family Law - Divorce - Discovery - Interrogatories

State:

Illinois

Control #:

IL-021-D

Format:

Instant download

Description

This Discovery Interrogatories from Plaintiff to Defendant with Production Requests is a sample form of interrogatories for the Plaintiff in a Divorce action to ask the Defendant. It also includes request for production of documents. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client want to ask the Defendant based upon the facts of your case. Includes Notice of Service of Interrogatories for filing with the court.

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FAQ

The purpose of interrogatories is to learn a great deal of general information about a party in a lawsuit. For example, the defendant in a personal injury lawsuit about a car accident might send you interrogatories asking you to disclose things like: Where you live.

Motions to Compel If a party doesn't respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.

Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.

You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections.

Interrogatories are lists of questions sent to the other party that s/he must respond to in writing. You can use interrogatories to find out facts about a case but they cannot be used for questions that draw a legal conclusion.

Interrogatories Interrogatories are written questions that are sent by one party to another. Generally speaking, the party who receives these questions has 30 days to answer them.If the other party fails to respond on time, within 30 days, then the questions are deemed admitted.

So, can you refuse to answer interrogatories? The answer is, no, you may not.That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.

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Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Note: This summary is not intended to be an all-inclusive summary of discovery law in Illinois, but does include basic and other information.

Definitions

Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.

Interrogatories: Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.

Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.

Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

Illinois Discovery Provisions
The Illinois Discovery Provisions are contained in the Illinois Supreme Court Rules. The discovery provisions apply in divorce actions.

Discovery Methods: Information is obtainable through the following methods: depositions upon oral examination or written questions, written interrogatories to parties, discovery of documents, objects or tangible things, inspection of real estate, requests to admit and physical and mental examination of persons. Duplication of discovery methods to obtain the same information should be avoided. Rule 201(a)

Scope of Discovery: A party may obtain by discovery full disclosure regarding any matter relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking disclosure or of any other party. Rule 201(b)

Sequence of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 201(e)

Stipulations: If the parties so stipulate, discovery may take place before any person, for any purpose, at any time, or place, and in any manner.

Depositions

Where Depositions May Be Taken: Depositions may be taken in the county which the deponent resides or is employed or transacts business in person, or in the case of a plaintiff-deponent, in the county in which the action is pending. Rule 203

Persons Before Whom Depositions May Be Taken: Within the United States or a territory subject to U.S. dominion, depositions shall be taken before an officer authorized to administer oaths by the laws of Illinois or of the United States of of the place where the examination is held or before a person appointed by the court. Rule 205(a)

In a foreign state or country depositions shall be taken before a secretary of embassy, consul general, consul, vice-consul, or consular agent of the United States, or any officer authorized to administer oaths under the laws of Illinois. Rule 205(b)

Interrogatories

A party may direct written interrogatories to any other party. A copy of the interrogatories shall be served on all other parties entitled to notice. It is the duty of the attorney directing the interrogatories to restrict them to the subject matter of the particular case. A party shall not serve more than 30 interrogatories, including the sub-parts.

A motion for leave of court to serve more than 30 interrogatories must be in writing and must set forth the proposed interrogatories and the reasons for establishing good cause for their use. Rule 213

Production

Any party may by written request direct any other party to produce for inspection, copying, reproduction photographing, testing or sampling specified documents, objects or tangible things, or permit access to real estate for the purpose of making surface or subsurface inspections or surveys or photos, or tests or taking samples, or to disclose information calculated to lead to the discovery or whereabouts of any of these items which are relevant to the pending action. Rule 214

Physical and Mental Examinations of Persons

If a party's physical or mental condition is in controversy, the court upon notice and on motion made within a reasonable time before trial, may order such party to submit to a physical or mental examination for a licensed professional in a discipline related to the physical or mental condition which is involved. Rule 215

Requests for Admissions

A party may serve on any other party a written request for the admission by the latter of the truth of any specified relevant fact set forth in the request. The party may also serve a written request for admission of the genuineness of any relevant documents described in the request. Rule 217

Compel Discovery

If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on notice to all persons affected thereby, the proponent of the question may move the court for an order compelling an answer. Rule 219

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Note: This summary is not intended to be an all-inclusive summary of discovery law in Illinois, but does include basic and other information.

Definitions

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.

Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

Illinois Discovery Provisions
The Illinois Discovery Provisions are contained in the Illinois Supreme Court Rules. The discovery provisions apply in divorce actions.

Sequence of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 201(e)

Stipulations: If the parties so stipulate, discovery may take place before any person, for any purpose, at any time, or place, and in any manner.

Depositions

Interrogatories

Production

Physical and Mental Examinations of Persons

Requests for Admissions

Compel Discovery

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Illinois Discovery Interrogatories from Plaintiff to Defendant with Production Requests

Description

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How to fill out Illinois Discovery Interrogatories From Plaintiff To Defendant With Production Requests?

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FAQ

What is the purpose of an interrogatory?

What happens if I don't answer interrogatories?

What are the advantages of interrogatories over depositions?

Do I have to answer interrogatories?

What are interrogatories used for?

What happens if interrogatories are not answered?

What happens after interrogatories are answered?

Can you refuse to answer interrogatories?

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