Select Page

Civil Procedure II
Southern Illinois University School of Law
Beyler, Keith H.

I.       Scope of Discovery
A.     Federal Rule 26(b)(1)
1.      Must relate to the claim or defense of any party
–          Can also with court permission to use discovery to develop new claims and defenses – must have good cause to get this broader standard
–          Does not have to be admissible at trial
2.      NOT privileged
3.      Not unduly burdensome
–          If it will take too much time to bring evidence, will lead to other burdensome things, or will confuse the jury, then the fact that it is relevant is outweighed.
–          Cost is disproportionate to the benefit.
B.     Illinois Rule 201 (b)(1)-(b)(2)
1.      Can discover any info relevant to the subject matter (to the claim or defense)
–          Broader than federal rule
2.      Does not need to be reasonably calculated – DELETED in rule
C.     5/2-402: Respondents in discovery
1.      May name respondents in discovery believed to have information essential to determination of who should properly be named as additional defendants. 
II.    Required (Automatic) Disclosures
A.     Federal Rule 26(a)
1.      Parties MUST disclose the following info BEFORE discovery
–          Name and address of each individual likely to have discoverable information that the disclosing party (you) may use to support claims or defenses, unless solely for impeachment
a.       No longer need to disclose people and things that may hurt your case. Other party must use discovery to uncover those.
b.      But if you don’t disclose, can’t use at trial.
–          Copy of, or a description and location of all documents in possession, custody, control of the party and the disclosing party to support claims and defenses, unless for impeachment
–          Computation of damage, and R 34 documents that aren’t privileged
–          Any insurance agreement under which any person may be liable to satisfy
2.      26(e) Supplemental
–          Must provide additional and/or corrective info if not complete or there was an error
3.      26(f) Planning of Discovery
–          Map out how discovery will occur in case
–          Scheduling conference w/ magistrate judge for projected trial date
–          Discovery is due 14 days after
4.      Must disclose expert witnesses 26(a)(2)
–          Include names
–          Written report signed by witness which includes a statement of opinions to be expressed and basis
–          Do this at least 90 days before trial
5.      A party must make its initial disclosures based on the information then reasonably available to it
–          A party is not excused from making its discl

separately and is signed by party
–          Answers are sworn to
–          If party fails to respond or make objections – must file a motion
–          Can object to a question (attorney signs this) but grounds for why must be stated
–          If corporation, person must be capable of answering questions
5.      Can supply documents instead of answering burdensome questions
6.      CAN be used at trial as evidence
7.      Good to use if there is a routine question
8.      Due in 30 days after service
9.      Duty to supplement answers w/ new information
B.     Illinois Rule 213
1.      Can only be directed to parties
2.      Limited to 30 unless good cause exists, or can use Rogs in 213j
3.      Answers must be sworn to
–          Can object to them
–          If a party fails to respond – must file a motion (213d)
–          Failure to respond may result in sanctions, exclusion of evidence
4.      Option to produce documents as alternative to answering questions
5.      Defines three different types of expert witnesses
–          Lay – on ID subjects