Filing Discovery in Cook County, Illinois

It can be tricky to navigate the vast Cook County court system.  Anyone who has been through the bustling Daley Center – attorneys and clients alike – can leave with a sense of confusion about the voluminous, fast-moving litigation process in Cook County.  The following forms are meant to serve as examples of the kind of documents used in first steps of litigation:  the discovery process.  Documents such as these get the ball rolling in personal injury litigation.  Contact Smoler Law for your litigation needs.  The following forms are not to be construed as legal advice.  

 

 

 

INJURED WORKER, )
)
                    Plaintiff, )
)
     v. )   No.  COURT NUMBER
)
BAD GUY )
)
                    Defendant. )

 

INTERROGATORIES

You are hereby required to answer the following interrogatories under oath within thirty (30) days from the date of service hereof, pursuant to the provisions of the Civil Practice Act of the State of Illinois.

1.    State the full name of the defendant answering, as well as your current residence address, date of birth, marital status, driver’s license number and issuing state, and social security number, and, if different, give the full name, as well as the current residence address, date of birth, marital status, driver’s license number and issuing state, and social security number of the individual signing these answers.

2.    State the full name and current residence address of each person who witnessed or claims to have witnessed the occurrence that is the subject of this suit.

3.    State the full name and current residence address of each person not named in interrogatory number 2 above who was present and/or claims to have been present at the scene immediately before, at the time of, and/or immediately after said occurrence.

4.    As a result of said occurrence, were you made a defendant in any criminal or traffic case?  If so, state the court, the caption, the case number, the charge or charges filed against you, whether you pleaded guilty thereto and the final disposition.

5.    Were you the owner and/or driver of the vehicle involved in the occurrence?  If so, state the name and address of the driver and state whether the vehicle was repaired and, if so, state when, where, by whom, and the cost of the repairs.

6.    Were you the owner and/or driver of any vehicle involved in the occurrence?  If so, state whether you were named or covered under any policy, or policies, of liability insurance effective on the date of the occurrence and, if so, state the name of each such company or companies, the policy number(s), the effective period(s) and the maximum liability limits for each person and each occurrence, including umbrella or excess insurance coverage, property damage and medical payment coverage.

7.    Do you have any information:

(a)   That any plaintiff or their insured(s) was, within the five years immediately prior to the occurrence, confined in a hospital and/or clinic, treated by a physician and/or other health professional, or x-rayed for any reason other than personal injury?  If so, state each plaintiff or insured so involved, the name and address of each such hospital and/or clinic, physician, technician and/or other health care professional, the approximate date of such confinement or service and state the reason for such confinement or service;

(b)   That any plaintiff or their insured(s) has suffered any serious personal injury and/or illness prior to the date of the occurrence?  If so, state the name of each plaintiff or insured so involved and state when, where and how he or she was injured and/or ill and describe the injuries and/or illness suffered;

(c)   That any plaintiff or their insured(s) has suffered any serious personal injury and/or illness since the date of the occurrence?  If so, state the name of each plaintiff or insured so involved and state when, where and how he or she was injured and/or ill and describe the injuries and/or illness suffered;

(d)   That any plaintiff or their insured(s) has ever filed any other suit for his or her own personal injuries?  If so, state the name of each plaintiff or insured so involved and state the court and caption in which filed, the year filed, and the title and docket number of the case.

      8.    Were any photographs, movies and/or videotapes taken of the scene of the occurrence or of the persons and/or vehicles involved?  If so, state the date or dates on which such photographs, movies and/or videotapes were taken, the subject thereof and who has custody of them, and the name, address and occupation and employer of the person taking them.

9.    Have you (or has anyone acting on your behalf) had any conversations with any person at any time with regard to the manner in which the occurrence complained of occurred, or have you overheard any statements made by any person at any time with regard to the injuries complained of by plaintiff or their insured(s) or the manner in which the occurrence complained of occurred?  If the answer to this interrogatory is in the affirmative, state the following:

(a)   The date or dates of such conversations and/or statements;

(b)   The place of such conversations and/or statements;

(c)   All persons present for the conversations and/or statements;

(d)   The matters and things stated by the person in the conversations and/or statements;

(e)   Whether the conversation was oral, written and/or recorded; and

(f)   Who has possession of the statement if written and/or recorded.

10.   Do you know of any statements made by any person relating to the occurrence complained of by the plaintiff or their insured(s)?  If so, give the name and address of each such witness, the date of said statement and whether such statement was written or oral.

11.   Had you consumed any alcoholic beverage within 12 hours immediately prior to the occurrence?  If so, state the names and addresses of those from whom it was obtained, where it was consumed, the particular kind and amount of alcoholic beverage so consumed by you, and the names and current residence addresses of all persons known by you to have knowledge concerning the consumption of alcoholic beverages.

12.   State the number of times you have been convicted of either 1) a felony or 2) a misdemeanor crime involving fraud, dishonesty or moral turpitude, including shoplifting and theft.  For each conviction, state the charge, the court in which the case was heard, the date of conviction and the sentence imposed. For the purpose of this interrogatory, a plea of guilty shall be considered as a conviction.

13.   Had you used any drugs or medications within 24 hours immediately prior to the occurrence?  If so, state the names and addresses of those from whom it was obtained, where it was used, the particular kind and amount of drug or medication so used by you, and the names and current residence addresses of all persons known by you to have knowledge concerning the use of said drug medication.

14.   Were you employed on the date of the occurrence?  If so, state the name and address of your employer, and the date of employment and termination, if applicable.  If your answer is in the affirmative, state the position, title and nature of your occupational responsibilities with respect to your employment.

15.   What was the purpose and/or use for which the vehicle was being operated at the time of the occurrence?

16.   State the names and addresses of all persons who have knowledge of the purpose for which the vehicle was being used at the time of the occurrence.

17.   State the name and address of the registered owner of each vehicle involved in the occurrence.

18.   Have you ever had your driver’s license suspended or revoked?  If so, state whether it was suspended or revoked, the date it was suspended or revoked, the reason for the suspension or revocation, the period of time for which it was suspended or revoked, and the state that issued the license.

19.   Do you have or have you had any restrictions on your driver’s license?  If so, state the nature of the restrictions.

20.   Do you have any medical and/or physical condition which required a physician’s report and/or letter of approval in order to drive?  If so, state the nature of the medical and/or physical condition, the physician or other health care professional who issued the letter and/or report, and the names and addresses of any physician or other health care professional who treated you for this condition prior to the occurrence.

21.   State the name and address of any physician, ophthalmologist, optician or other health care professional who performed any eye examination of you within the last five years and the dates of each such examination.

22.   State the name and address of any physician or other health care professional who examined and/or treated you within the last 10 years and the reason for such examination and/or treatment.

23.   Pursuant to Illinois Supreme Court Rule 213(f), please furnish the identities and addresses of witnesses who will testify at trial and all other information required for each witness.

24.   List the names and addresses of all other persons (other than yourself and persons heretofore listed or specifically excluded) who have knowledge of the facts of said occurrence or of the injuries and damages following therefrom.

25.   Identify any statement, information and/or documents known to you and requested by any of the foregoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim as required by Illinois Supreme Court Rule 201(n).

Under penalties as provided by law pursuant to 735 ILCS 5/1-109, the undersigned certifies that the statements set forth herein are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/she verily believes the same to be true.

________________________________

 

 

INJURED PARTY, )
                    Plaintiff, )
)
     v. )   No.  COURT NUMBER
)
BAD GUY, )
                    Defendant. )

NOTICE TO PRODUCE

 TO:

 

Pursuant to Supreme Court Rules 213(e), 237 and Section 2-1102 of the Illinois Code of Civil Procedure, you are notified to produce at the Mandatory Arbitration Hearing and at the commencement of trial of this case, the defendants and the following documents, prior to voir dire:

1.    The full name and complete last known address of every witness to the occurrence complained of.

2.    The full name and complete last known address of all persons who have knowledge of the matters pleaded or of relevant facts, including the special field of each expert.

3.    A list giving the names and complete addresses of all persons you have subpoenaed to testify or to produce records during the trial of this matter.

4.    All statements of parties and witnesses, including any and all property damage bills and estimates.

5.    All moving and still pictures of the scene of the occurrence and of the parties, vehicles, reports, files, bills and other documents relating to the Plaintiff and Defendant.

6.    Reports and records of all opinion witnesses.

 

 

INJURED PARTY, )
                    Plaintiff, )
)
     v. )   No.  COURT NUMBER
)
BAD GUY, )
                    Defendant. )

REQUEST FOR PRODUCTION

 

TO:

Pursuant to Rule 214, Plaintiff requests the Defendants to produce for inspection and copying within twenty-eight (28) days from the date of mailing of this Notice, the following documents:

1.    All statements of a party (and members of his immediate family, or, if a corporation, its officers, directors, managing agents or foremen) given to some person or entity other than his attorney or insurer.

2.    The statements of any other witness, except parties to this action, non-treating experts and drivers or other participants who may yet be sued because of the occurrence alleged.

3.    All photographs, slides or motion pictures taken subsequent to the alleged occurrence of the parties, the vehicles or other physical objects involved or the scene of the alleged occurrence.

 

  1. A list giving the names, addresses and specialties of all expert witnesses (other than non-treating, purely consultant experts who are not to testify at the trial) omitting all persons already listed above.

 


 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

 

 

INJURED PARTY, )
                    Plaintiff, )
)
     v. )   No.  COURT NUMBER
)
BAD GUY, )
                    Defendant. )

 

                             NOTICE OF DEPOSITION

 

TO:

DEPONENT

DATE

TIME

You are hereby notified pursuant to the provisions of the Code of Civil Procedure and the Rules of the Supreme Court of Illinois, that the deposition of the above named deponent(s) will be taken for the purpose of discovery before a notary public in and for the County of Cook, on the above stated date(s) and at the above stated time(s), at the offices of OFFICE ADDRESS, on which date, and at such time and place, you are requested to present the said deponent(s).

LAW FIRM

 

By:_____________________________

Lawyer

 

 

 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

 

INJURED PARTY, )
                    Plaintiff, )
)
     v. )   No.  COURT NUMBER
)
BAD GUY, )
                    Defendant. )

                               NOTICE OF FILING

 

TO:

YOU ARE HEREBY notified that on the DATE, I caused to be filed with the Clerk of the Circuit Court of Cook County, Illinois, Plaintiff’s  Notice to Produce, Interrogatories, Request for Production and Notice of Deposition, copies of which are attached hereto and served upon you.

 

                                     

LAW FIRM

Attorneys for Plaintiff

ADDRESS AND PHONE

 

 

 

                            CERTIFICATE OF SERVICE

 

The undersigned certifies under penalties of perjury as provided by Section 1-109 of the Code of Civil Procedure, that I served the above described document(s) by mailing copies of same addressed to the person to whom it is directed and depositing the same in the U.S. mail at ADDRESS, before the hour of 5:00 p.m. on DATE with proper postage prepaid.