E-Discovery in Illinois Civil Actions

Abstract

Effective December 1, 2006, the Federal Rules of Civil Procedure address formal discovery of "electronically stored information" (esi), a term replacing, at times, the phrase "data compilations." The new federal rules emerged as esi has important differences from information recorded on paper and as these differences were causing problems that could be diminished with new written guidelines. While no comparable Illinois rules have yet emerged, when they do they should not simply follow the F.R.C.P. New Illinois laws must take account of the differences between federal and state civil litigation practices in such areas as information preservation, attorney-client privilege, work product, and the allocation of civil procedure lawmaking authority. Until they are formulated, Illinois circuit judges should seek, when possible, to employ case management conference orders, founded on party agreements under Illinois Supreme Court Rule 218, to handle esi discovery.

Keywords: civil procedure, e-discovery, Illinois courts, esi