IDC Submits Response to Proposal to Eliminate Evidence Depositions

As it has for decades, the Illinois Association of Defense Trial Counsel supports the current Illinois rules governing depositions. Starting in the fall of 2017 there has been a renewed move to eliminate evidence depositions and largely adopt the Federal Rules in this regard.

The principal motive for this renewed proposal seems to be based upon the claim that Illinois is the only state that has such a system of divided depositions. That seems not to be so. At least 17 states and the District of Columbia, whether by rule or practice, have at least some version of a two deposition system similar to Illinois' rules.

The IDC, under the leadership of Brad Nahrstadt, created a task force to address this issue and respond to the proposal that would radically alter civil practice in Illinois. Brad, Jaime Padgett, John Watson, Bill McVisk, Denise Baker-Seal, Terry Fox and I prepared a response, including changes we would propose to the current proposal if there was an insistence on doing away with evidence depositions in their current form. This is in addition to the responses to the proposed change to the Supreme Court Rules in the spring of this year.

Finally, Steve Grossi and Bruce Dorn provided invaluable assistance in obtaining the voluminous information including in the submission showing that Illinois does not stand alone in having two different kinds of depositions.

The IDC's response can be found here, along with all of our prior submissions. For the numerous reasons set forth in the IDC's materials, the current rules are a far superior system and should be maintained.