Illinois Motion to Compel Plaintiffs to Produce Documents at Trial

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Multi-State
Control #:
US-PI-0059
Format:
Word; 
Rich Text
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This form is a sample motion filed by the defense requesting that the court issue a ruling compelling the plaintiff to produce certain documents at trial.
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FAQ

Supreme Court Rule 219(c) provides that if a party unreasonably fails to comply with or violates discovery rules, "the court, on motion, may enter, in addition to remedies elsewhere specifically provided, such orders as are just, including among others, the following * * *." The rule then specifies a number of ...

(b)Duty of Attorney. It is the duty of an attorney directing interrogatories to restrict them to the subject matter of the particular case, to avoid undue detail, and to avoid the imposition of any unnecessary burden or expense on the answering party. (c)Number of Interrogatories.

Illinois Rule of Evidence 201 also refers to "legislative facts," which do not directly relate to the parties before the court. A court may take notice of legislative facts, but the procedural requirements of Rule 201 do not apply.

One of those rules, 201(k), requires the parties to cooperate in resolving any disputes they have regarding discovery. After a party to an Illinois divorce issues discovery requests to the opposing side or a 3rd party, the party receiving the discovery request has 28 days to answer said request.

Discovery of consultants as provided by Rule 201(b)(3) will be proper only in extraordinary cases. In general terms, the "exceptional circumstances" provision is designed to permit discovery of consultants only when it is "impracticable" for a party to otherwise obtain facts or opinions on the same subject.

The court may at any time on its own initiative, or on motion of any party or witness, make a protective order as justice requires, denying, limiting, conditioning, or regulating discovery to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression.

Rule 231 - Motions for Continuance (a)Absence of Material Evidence. If either party applies for a continuance of a cause on account of the absence of material evidence, the motion shall be supported by the affidavit of the party so applying or his authorized agent.

Requests to produce A request to produce is when one party asks the other to provide relevant papers and property for inspection. 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.

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Illinois Motion to Compel Plaintiffs to Produce Documents at Trial