Ill. Admin. Code tit. 74 § 790.55

Current through Register Vol. 48, No. 45, November 8, 2024

Section 790.55 - Discovery

Discovery shall be conducted in accordance with the Civil Practice Law [735 ILCS 5 /Art. II] and the Rules of the Supreme Court of Illinois, except as follows:

a) Discovery requests and responses to discovery requests, including interrogatories and requests for production of documents, shall not be filed with the Clerk of the Court unless ordered by the Court, a Judge thereof, or a Commissioner. Requests for admission and the responses thereto shall be filed with the Clerk of the Court.

b) For claims involving property of inmates incarcerated in Illinois Department of Corrections facilities:

1) The respondent shall forward to the claimant, or, if claimant is represented, claimant's attorney, copies of the following documents in the possession or control of the Department of Corrections within 120 days after the filing of the complaint. The complaint is not deemed filed during the pendency of a petition for leave to proceed in forma pauperis.

A) Grievances and appeals of grievances pertaining to the property in question filed by the claimant, and all responses thereto.

B) Any personal property inventory sheets and property permits or contracts that tend to prove or disprove ownership of the property in question.

C) Incident reports, disciplinary reports, and "shakedown" receipts relevant to the subject of the claim.

2) The deadline for forwarding these documents to claimant is tolled during the consideration of a motion to dismiss or any other motion the granting of which would dispose of the case. No other discovery is permitted in these claims except by order of the Court, a Judge thereof, or a Commissioner.

c) For claims involving personal injury of inmates while incarcerated in Illinois Department of Corrections facilities:

1) The respondent shall forward to claimant or, if claimant is represented, claimant's attorney, copies of the following documents in the possession or control of the Department of Corrections within 120 days after the filing of the complaint:

A) Grievances and appeals of grievances pertaining to the injuries in question filed by the claimant, and all responses thereto.

B) All medical records relevant to the subject of the claim.

C) Incident reports relevant to the subject of the claim.

2) The deadline for forwarding these documents to claimant is tolled during the consideration of a motion to dismiss or any other motion the granting of which would dispose of the case. No other discovery is permitted in these claims except by order of the Court, a Judge thereof, or a Commissioner.

d) When complying with the provisions of this Section, the respondent may redact any information including, but not limited to, confidential information such as social security numbers, home telephone numbers, home addresses, and information the disclosure of which would be violative of federal or State law. In the event any information is redacted by the respondent, the respondent shall, in writing, state the reason for the redaction, and forward the statement to the claimant or his attorney within the time allowed in this Section, or any extension authorized under subsection (f).

e) In the event that the claimant disputes the propriety of redaction of any information, the Court, a Judge thereof, or a Commissioner shall be empowered to examine the material in camera and to enter an order requiring the respondent to forward the redacted material to the claimant or his attorney.

f) The Court, a Judge thereof, or a Commissioner may extend the time for compliance with the provisions of this Section.

Ill. Admin. Code tit. 74, § 790.55

Added at 24 Ill. Reg. 8228, effective July 1, 2000

Amended at 40 Ill. Reg. 7314, effective 4/29/2016