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How long does discovery usually last during commercial litigation in Illinois?

Chicago, IL |

With respect to lawsuits within the law division of Cook County Circuit Court, is the judge in control of how long the discovery phase of a lawsuit lasts, or do the attorneys have control of this?

Attorney Answers 4

Posted

The length of discovery depends on the type of case. The judge will set discovery cut off dates for written (interrogatories and production requests) and oral (depositions). Discovery should be completed within that time frame. However, pursuant to Illinois Supreme Court Rule 183, the judge can extend the time for discovery upon good cause shown.

This is not intended to be legal advice and no attorney client relationship exists by virtue of this answer. Your matter may be time sensitive and you may lose your right to purse the matter via the passage of time. It is always advisable to speak with a lawyer and discuss the merits of your claim or defense.

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Posted

There's no answer to that question. Discovery takes as long as it needs to take. The judge will usually set deadlines in an order governing trial, but those deadlines are pretty easy to get extended, particularly if both sides agree. So the technical answer is that the judge sets the deadlines, but the practical answer is that he's definitely going to do what both attorneys want, and more likely than not to grant an extension even if one side objects. There has to be something pretty unusual going on for a judge to deny such a request.

Even the very simplest case could involve six months of discovery. Personal injury cases usually take a least that long, but many are resolved within a few years. Complex personal injury cases like medical malpractice can take five to ten years. Truly complex civil litigation involving high-dollar damages and major corporations can see litigation run years, even decades. There are cases filed in the 1990s, even the 1980s, that are still in discovery.

So there's really no way of answering that question. You should ask your attorney about how long your type of case tends to last, and whether this particular case has anything unusual about it that might drag things out.

This answer does not constitute legal advice and does not establish an attorney-client relationship.

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Posted

Discovery can take as long as is reasonably necessary.

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Posted

Judges set the dates based upon the case.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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