Ill. S. Ct. R. 222

(a) Applicability. This rule applies to all cases subject to mandatory arbitration, civil actions

seeking money damages not in excess of $50,000 exclusive of interest and costs, and to cases for

the collection of taxes not in excess of $50,000. This rule does not apply to small claims, ordinance

violations, actions brought pursuant to 750 ILCS (FAMILIES), and actions seeking equitable

relief. Except as otherwise specifically provided by this rule, the general rules governing discovery

procedures remain applicable to cases governed by this rule.

(b) Affidavit re Damages Sought. Any civil action seeking money damages shall have

attached to the initial pleading the party’s affidavit that the total of money damages sought does

or does not exceed $50,000. If the damages sought do not exceed $50,000, this rule shall apply.

Any judgment on such claim which exceeds $50,000 shall be reduced posttrial to an amount not

in excess of $50,000. Any such affidavit may be amended or superseded prior to trial pursuant to

leave of court for good cause shown, and only if it is clear that no party will suffer any prejudice

as a result of such amendment. Any affidavit filed pursuant hereto shall not be admissible in

evidence at trial.

(c) Time for Disclosure; Continuing Duty. The parties shall mak e the initial disclosure

required by this rule as fully as then possible in accordance with the time lines set by local rule,

provided however that if no local rule has been established pursuant to Rule 89 then within 120

days after the filing of a respons ive pleading to the complaint, counter-complaint, third-party

complaint, etc., unless the parties otherwise agree, or for good cause shown, if the court shortens

or extends the time. Upon service of a disclosure, a notice of disclosure shall be promptly fi led

with the court. The duty to provide disclosures as delineated in this rule and its subsections shall

be a continuing duty, and each party shall seasonably supplement or amend disclosures whenever

new or different information or documents become known to the disclosing party.

All disclosures shall include information and data in the possession, custody and control of the

parties as well as that which can be ascertained, learned or acquired by reasonable inquiry and

investigation.

(d) Prompt Disclosure of Information. Within the times set forth in section (c) above, each

party shall disclose in writing to every other party:

(1) The factual basis of the claim or defense. In the event of multiple claims or defenses,

the factual basis for each claim or defense.

(2) The legal theory upon which each claim or defense is based including, where necessary

for a reasonable understanding of the claim or defense, citations of pertinent legal or case

authorities.

(3) The names, addresses, and telephone numbers of a ny witnesses whom the disclosing

party expects to call at trial with a designation of the subject matter about which each witness

might be called to testify.

(4) The names, addresses, and telephone numbers of all persons whom the party believes

may have knowledge or information relevant to the events, transactions, or occurrences that

gave rise to the action, and the nature of the knowledge or information each such individual is

believed to possess.

(5) The names, addresses, and telephone numbers of all persons who have given

statements, whether written or recorded, signed or unsigned, and the custodian of the copies of

those statements.

(6) The identity and address of each person whom the disclosing party expects to call as

an expert witness at trial, plus the information called for by Rule 213(f).

(7) A computation and the measure of damages alleged by the disclosing party and the

document or testimony on which such computation and measure are based and the names,

addresses, and telephone numbers of all damage witnesses.

(8) The existence, location, custodian, and general description of any tangible evidence or

documents that the disclosing party plans to use at trial and relevant insurance agreements.

(9) A list of the documents or, in the case of voluminous documentary information, a list

of the categories of documents, known by a party to exist whether or not in the party’s

possession, custody or control and which that party believes may be relevant to the subject

matter of the action, and those which appear reasonably calculated to lead to the discovery of

admissible evidence, and the dates(s) upon which those documents will be made, or have been

made, available for inspection and copying. Unless good cause is stated for not doing so, a

copy of each document listed shall be served with the disclosure. If production is not made,

the name and address of the custodian of the document shall be indicated. A party who

produces documents for inspection shall produce them as they are kept in the usual c ourse of

business.

(e) Affidavit re Disclosure. Each disclosure shall be made in writing, accompanied by the

affidavit of an attorney or a party which affirmatively states that the disclosure is complete and

correct as of the date of the disclosure and th at all reasonable attempts to comply with the

provisions of this rule have been made.

(f) Limited and Simplified Discovery Procedures. Except as may be ordered by the trial

court, upon motion and for good cause shown, the following limited and simplified discovery

procedures shall apply:

(1) Each party may propound to any other party a total of 30 interrogatories and

supplemental interrogatories in the aggregate, including subsections. Interrogatories may

require the disclosure of facts upon which a party bases a claim or defense, the enumeration,

with proper identification, of all persons having knowledge of relevant facts, and the

identification of trial witnesses and trial exhibits.

(2) Discovery Depositions. No discovery deposition shall exceed three hours, absent

agreement among the parties. Except as otherwise ordered by court, the only individuals whose

discovery depositions may be taken are the following:

(a) Parties. The discovery depositions of parties may be taken. With regard to

corporations, partnerships, voluntary associations, or any other groups or entities, one

representative deponent may be deposed.

(b) Treating Physicians and Expert Witnesses. Treating physicians and expert

witnesses may be deposed, but only if they have been identified as witnesses who will

testify at trial. The provisions of Rule 204(c) do not apply to treating physicians who are

deposed under this Rule 222. The party at whose instance the deposition is taken shall pay

a reasonable fee to the deponent, u nless the deponent was retained by a party to testify at

trial or unless otherwise ordered by the court.

(3) Evidence Depositions. No evidence depositions shall be taken except pursuant to leave

of court for good cause shown. Leave of court shall not be g ranted unless it is shown that a

witness is expected to testify on matters material to the issues and it is unlikely that the witness

will be available for trial, or other exceptional circumstances exist. Motions requesting the

taking of evidence depositions shall be supported by affidavit. Evidence depositions shall be

taken to secure trial testimony, not as a substitute for discovery depositions.

(4) Requests pursuant to Rules 214 and 215 are permitted, as are notices pursuant to Rule

237.

(5) Requests pursuant to Rule 216 are permitted except that no request may be filed less

than 60 days prior to the scheduled trial date or, if within said 60 days, only by order of court.

(g) Exclusion of Undisclosed Evidence. In addition to any other sanction the court may

impose, the court shall exclude at trial any evidence offered by a party that was not timely disclosed

as required by this rule, except by leave of court for good cause shown.

(h) Claims of Privilege. When information or documents are withheld from disclosure or

discovery on a claim that they are privileged pursuant to a common law or statutory privilege, any

such claim shall be made expressly and shall be supported by a description of the nature of the

documents, communications or things not produced or disclosed and the exact privilege which is

being claimed.

(i) Affidavits Wrongly Filed. The court shall enter an appropriate order pursuant to Rule

219(c) against any party or his or her attorney, or both, as a result of any affidavit filed pursuant

to (b) or (e) above which the court finds was (a) false; (b) filed in bad faith; or (c) was without

reasonable factual support.

(j) Applicability Pursuant to Local Rule. This rule may be made applicable to additional

categories of cases pursuant to local rules enacted in any judicial circuit.