Illinois Bar Journal, Vol. 100, p. 162, March 2012
2 Pages Posted: 29 Feb 2012 Last revised: 23 Mar 2012
Date Written: February 28, 2012
Illinois Supreme Court rules and precedents guiding depositions in Illinois civil actions lead to too much deposition witness abuse. To prevent abuse there could be new written rules and decisional precedents on judicial limits ahead of any scheduled depositions; for the taking of scheduled depositions; and, for judicial sanctions arising from actual witness abuse at depositions.
Greater protections of deposition witnesses are afforded elsewhere. There is no reason to believe that deposition witnesses are less likely to be abused, or that deposition witnesses suffer less, in Illinois than elsewhere.
Protections elsewhere that are most worthy of consideration include laws preventing abuses before depositions occur rather than laws operating during or after depositions. Prevention can be furthered by new rules requiring or encouraging conferrals before formal discovery begins; mandating additional certifications by discovering parties; and, allowing protective orders limiting certain depositions even when relevant information is sought.
Keywords: deposition, discovery, civil procedure, witness abuse, witnesses, meet and confer, cost benefit analysis, certifying discovery request, protective orders, discovery abuse
Suggested Citation: Suggested Citation
Parness, Jeffrey A., Preventing Deposition Abuse in Illinois (February 28, 2012). Illinois Bar Journal, Vol. 100, p. 162, March 2012. Available at SSRN: https://ssrn.com/abstract=2012757