Ill. Admin. Code tit. 74, § 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.
Notes
Added at 24 Ill. Reg. 8228, effective July 1, 2000
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