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§ Rule 224. Discovery Before Suit to Identify Responsible Persons and Entities

Codes > Illinois Rules on Civil Proceedings in the Trial Court > Part E. > Rule 224.

Rule 224. Discovery Before Suit to Identify Responsible Persons and Entities

(a) Procedure.

(1) Petition.

(i) A person or entity who wishes to engage in discovery for the sole purpose of ascertaining the identity of one who may be responsible in damages may file an independent action for such discovery.

(ii) The action for discovery shall be initiated by the filing of a verified petition in the circuit court of the county in which the action or proceeding might be brought or in which one or more of the persons or entities from whom discovery is sought resides. The petition shall be brought in the name of the petitioner and shall name as respondents the persons or entities from whom discovery is sought and shall set forth: (A) the reason the proposed discovery is necessary and (B) the nature of the discovery sought and shall ask for an order authorizing the petitioner to obtain such discovery. The order allowing the petition will limit discovery to the identification of responsible persons and entities and where a deposition is sought will specify the name and address of each person to be examined, if known, or, if unknown, information sufficient to identify each person and the time and place of the deposition.

(2) Summons and Service. The petitioner shall serve upon the respondent or respondents a copy of the petition together with a summons in a form substantially as follows:

In the Circuit Court of the __________ Judicial Circuit, __________ County, Illinois

(Or, In the Circuit Court of Cook County, Illinois)

A.B., C.D., et al.

(naming all petitioners),

Petitioners,



v.
No. _______________


H.J., K.L. et al.

(naming all respondents),

Respondents.
 

SUMMONS FOR DISCOVERY

TO EACH RESPONDENT:

You are hereby notified that on _____________, 20 ___, a petition, a copy of which is attached, was filed in the above court seeking an order of discovery. Pursuant to law a hearing will be held to determine whether such an order shall be entered in this case. If you wish to contest the entry of such order, you must appear at this hearing at __________, at ___ o'clock ___ M., on __________, _____________, 20 ___.

________________________________________________________________________________
Clerk of the Circuit Court

Unless a shorter period is fixed by the court, the summons shall be served at least 14 days before the date of hearing, in the manner provided for service of summons in other civil cases. If service cannot with due diligence be made upon the respondent(s), the court may by order provide for service by publication or otherwise.

(b) Expiration and Sanctions. Unless extended for good cause, the order automatically expires 60 days after issuance. The sanctions available under Supreme Court Rule 219 may be utilized by a party initiating an action for discovery under this rule or by a respondent who is the subject of discovery under this rule.

(c) Expenses of Complying. The reasonable expenses of complying with the requirements of the Order of Discovery shall be borne by the person or entity seeking the discovery.