The short answer
Discovery is the stage of a lawsuit when each side obtains information from the other through written questions, document requests, requests to admit facts, and depositions. In Illinois state court, it is governed by Illinois Supreme Court Rules; in federal court, by the Federal Rules of Civil Procedure.
Why it matters
Discovery is usually the most expensive part of litigation, and what comes out of it often determines settlement value.
Where it fits in your case
After the initial pleadings, typically lasting months, and sometimes more than a year in complex cases.
What to expect
Interrogatories. Written questions answered under oath. Illinois generally limits each party to 30, including subparts, unless the court allows more.
Document requests. Requests for documents and electronic data in a party’s possession or control.
Requests to admit. In Illinois, facts in a request to admit can be deemed admitted if you do not respond properly within 28 days. This is one of the most dangerous deadlines in a case.
Depositions. Sworn, recorded questioning of witnesses.
Disputes. Illinois requires parties to try to resolve discovery disputes before asking the court to intervene.
What to do now
Calendar every discovery deadline, especially requests to admit.
Gather documents early and organize them.
Confirm that a litigation hold is in place.
Plan the discovery you need from the other side, not just what you must produce.
What we need from you
Relevant documents and data, a list of people with knowledge, and any discovery requests you have received.
Common misconceptions
“We don’t have to hand over bad documents.” Relevant, non-privileged documents generally must be produced.
“Ignoring a request to admit just delays things.” In Illinois, it can mean the facts are deemed admitted.