University of Denver

Illinois Amendments to Proportional Discovery and Case Management Conferences

In 2014, Illinois updated its Civil Rules to include a proportionality provision in Rule 201(c)(3) and an amendment to Rule 218 to encourage the use of case management conferences.

Under Rule 201(c)(3), “the court may determine whether the likely burden of expense of the proposed discovery, including electronically stored information, outweighs the likely benefit, taking into account the amount in controversy, the resources of the parties, the importance of the issues in the litigation, and the importance of the requested discovery in resolving the issues.” The committee Comments noted that the analysis may indicate categories of electronically stored information (ESI) that should not be discoverable. This comment is drawn from the Seventh Circuit Electronic Discovery Program.

Under the amendment to Rule 218, the court is encouraged to use case management conferences to resolve issues relating to ESI.

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