llinois State Rules

Ediscovery Rules

Ill. Sup. Ct. R. 201
Ill. Sup. Ct. R. 214
Ill. Sup. Ct. R. 218
Ill. Sup. Ct. R. 219

Activity with Regards to Federal Rules of Civil Procedure Amendments

The most recent updates to Illinois' ediscovery rules occurred in 2014, and included an emphasis on proportionality. The Committee Comment to the 2014 Amendments clarify that the proportionality emphasis was included primarily to deal with the discovery of ESI. Indeed, Illinois courts have followed this intructions, as the 2016 case Carlson v. Jerosek highlighted the important of proportionality in discovery in Illinois state courts.

The notes to Rule 201 contain a list of ESI that "should not" be discoverable because of the difficulty of obtaining it, such as metadata and "legacy data." However, the note cautions that "proportionality" may justify retreival of these types of data in certain cases. In addition, the notes warn about relying on this list because "technological changes eventually might reduce the cost of producing some of these types of ESI."

Rule 201(b)(4) "comports" with Rule 34(a)(1)(A) of the FRCP and per the Committee Comments, is "intended to be flexible and expansive as technology changes."

Illinois does not have a rule regarding the spoliation of ESI. However, the Committee Comment to Rule 219 indicates that this Rule is "sufficient" to contend with ediscovery issues as well. In addition, the Committee notes highlight a couple cases in Illinois case law, stating that they contain "detailed discussions" for approaching ESI spoliation.

Useful Link(s)

Illinois Supreme Court Rules:
http://www.illinoiscourts.gov/SupremeCourt/Rules/Art_II/default.asp

Steven M. Puiszis, Understanding Illinois' New Ediscovery Rules:
http://c.ymcdn.com/sites/iadtc.site-ym.com/resource/resmgr/Understanding_Illinois'_New_.pdf

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