State Court Discovery - Interrogatories - Illinois

[PLAINTIFF/DEFENDANT]’S FIRST SET OF INTERROGATORIES TO [OPPOSING PARTY]

IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS

Case No. [___]

Effective Date of Service: [MM/DD/YYYY]

TABLE OF CONTENTS

1. Preliminary Statement
2. Definitions
3. General Instructions
4. Interrogatories (Nos. 1–10)
5. Certificate of Service

1. PRELIMINARY STATEMENT

These interrogatories are served under Illinois Supreme Court Rules 201 and 213. Rule 213(i) requires seasonable supplementation or amendment when new or additional information becomes known. Failure to answer may lead to a motion to compel and, where Rule 219's requirements are met, sanctions.

Before service: Confirm that discovery may begin under Rule 201(d). In a small claims case, Rule 287(a) requires leave of court for pretrial interrogatories. Check whether Rule 222 applies; in those cases its 30-interrogatory limit includes supplemental interrogatories in the aggregate. Serve the interrogatories on all parties entitled to notice; file the certificate of service, not the interrogatories, unless the court orders otherwise.

2. DEFINITIONS

For purposes of these Interrogatories, the following terms have the meanings set forth below. Each defined term has the same meaning regardless of capitalization or tense.

1. “Action” means the above-captioned lawsuit, including all claims, defenses, counterclaims, and third-party claims.
2. “Communication” means any oral or written transmission of information, including e-mails, letters, text messages, memoranda, and telephone calls.
3. “Document” includes the materials described in Ill. Sup. Ct. R. 201(b)(1), including electronically stored information (“ESI”) as defined in Rule 201(b)(4).
4. “Identify” (with respect to a natural person) means to state the individual’s full name, present or last-known address, telephone number, and employer.
5. “Identify” (with respect to a document) means to state: (a) its title or description, (b) date, (c) author(s) and recipient(s), (d) type of document (e.g., e-mail, contract), and (e) the Bates number or other identifying code if produced.
6. “You” or “Your” refers to [Opposing Party Name], including information available to that party through its officers, employees, or agents, as applicable. This definition does not request privileged communications or protected attorney work product.

3. GENERAL INSTRUCTIONS

A. Serve a sworn answer or an objection to each interrogatory within 28 days after service, with proof of service on all other parties entitled to notice. Set out each interrogatory in full immediately before its answer (Ill. Sup. Ct. R. 213(d)).
B. Except as Rule 213(j) provides, no party may serve more than 30 interrogatories, including subparts, on another party without the parties' agreement or leave of court upon a showing of good cause (Ill. Sup. Ct. R. 213(c)).
C. If you object to any Interrogatory, state the specific grounds for each objection. Answer the balance of the Interrogatory not subject to objection.
D. If withholding material on a claim of common-law or statutory privilege, make the claim expressly, describe the nature of the withheld material, and identify the exact privilege claimed (Ill. Sup. Ct. R. 201(n)). State any work-product objection and its grounds.
E. If any information is unknown, so state and provide all responsive information of which you have knowledge.
F. The singular includes the plural and vice-versa; the masculine, feminine, and neuter include each other; “and” and “or” shall be construed conjunctively and disjunctively to make the request inclusive rather than exclusive.
G. Seasonably supplement or amend a prior answer or response whenever new or additional information becomes known to you (Ill. Sup. Ct. R. 213(i)).

4. INTERROGATORIES

Interrogatory No. 1
Identify every person with knowledge of the facts alleged in your [Complaint/Answer], summarizing the subject matter of each person’s knowledge.

Interrogatory No. 2
State the factual basis for each affirmative defense you have pleaded, identifying all documents and witnesses that support each basis.

Interrogatory No. 3
Describe nonprivileged communications between you and [Opposing Party] concerning [identified transaction or event] during [date range], including the approximate date, participants, and subject of each communication.

Interrogatory No. 4
Identify all documents that support the calculation of any damages you claim in this Action, specifying the type and amount of each category of damages.

Interrogatory No. 5
State whether you contend that any third party is responsible for the claims asserted, and if so, identify each such third party and describe the factual and legal basis for that contention.

Interrogatory No. 6
Set forth the complete factual basis for your contention that [specific contention—placeholder].

Interrogatory No. 7
Identify all insurance agreements that may satisfy part or all of a judgment in this Action, including the insurer, policy number, limits, and relevant provisions.

Interrogatory No. 8
Identify each witness you expect to call at trial and provide the disclosures applicable to that witness under Ill. Sup. Ct. R. 213(f): for a lay witness, the subjects of testimony; for an independent expert, the subjects and opinions you expect to elicit; and for a controlled expert, the subject matter, conclusions and opinions with their bases, qualifications, and any reports prepared by the witness about this case.

Interrogatory No. 9
State all facts supporting your denial of liability (or claim of liability) against [Opposing Party].

Interrogatory No. 10
Describe all efforts you have undertaken to preserve documents and ESI relevant to this Action, including the date preservation efforts began, custodians notified, and methods employed.

5. CERTIFICATE OF SERVICE

I certify that on [MM/DD/YYYY] at [time], I served a copy of the foregoing [Plaintiff/Defendant]’s First Set of Interrogatories to [Opposing Party] on each party entitled to notice, through that party's attorney of record where represented, by [method permitted by Ill. Sup. Ct. R. 11]. The recipients and designated service addresses were: [names and service email addresses or mailing addresses]. [If service was by U.S. mail or carrier: State the place of deposit, complete address on each envelope or package, and that postage or delivery charges were prepaid.] [If service was by personal, office, or residential delivery: State the time and place of delivery.]

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this certificate of service are true and correct.

_____________________________
[Attorney Name]
[Firm Name]
[Address]
[Phone]
[Email]
Attorney for [Plaintiff/Defendant]