It’s Time to Move Beyond Separate Discovery and Evidence Depositions in Illinois

By Mark McNabola

Illinois is the only jurisdiction in the United States that promotes separate discovery and evidence depositions. Courts outside of Illinois generally follow the Federal Rules of Civil Procedure which allow discovery depositions to be used as evidence at trial.2 While many of the State discovery rules–and civil procedure in general–have moved toward the model of the federal rules, Illinois has stridently held onto its two-step deposition strategy. It is time for Illinois to relinquish the notion that the two-step deposition requirement serves any legitimate purpose.
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