Illinois Discovery - Sample Letter to Opposing Counsel regarding Deposition and Subpoena Duces Tecum
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FAQ
If the deposition was or would be admissible as substantive evidence at trial in the other iurisdiction, the deposition is deemed an evidence deposition. If not, the deposition is deemed a discovery deposition.
Discovery and depositions are key parts of preparing for any lawsuit. Discovery refers to the exchange of documents and information, while depositions refer to interviews of potential witnesses who may appear in trial. It is imperative you understand the rules for discovery and depositions in civil litigation.
Deposition Phase Normally, it starts after the written discovery phase ends; however, these phases sometimes overlap. When a deposition is scheduled, you and the defendant will both be required to appear to be deposed (i.e. questioned). Your deposition testimony is given under oath.
Like any other type of discovery, the purpose of a discovery deposition is to ascertain the truth by exploring the facts of the case. In re Estate of Rennick, 181 III. 2d 395, 401 (1998). In contrast, evidence depositions are merely intended to preserve evidence for trial.
Discovery is pre-trial investigation. It allows you to get either evidence itself, or information that will lead to getting the evidence you need. There are rules for how much time you have to do things, and how many questions you can ask in a certain way.
Rule 213 - Written Interrogatories to Parties (a)Directing 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.
By Practical Law Litigation. A sample statement regarding attempts to resolve discovery disputes under Illinois Supreme Court Rule 201(k) that counsel may include in a discovery-related motion in Illinois circuit court civil litigation.
When any party wishes to NOT cooperate with discovery they must file an objection to that discovery request. The objection must contain some articulable reason why the party should not have to participate in this particular discovery request. Discovery requests will often ask for everything under the sun.
