Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 5300 - PROCEDURAL RULES › Subpart G - DISCOVERY AND PRACTICE › Section 5300.715 - Discovery for Alternative Hearing Procedure Matters

Current through Register Vol. 48, No. 28, July 12, 2024
a) Initial Disclosure of Information - For
				all Complaints proceeding under the alternative hearing procedure, the Parties
				shall have an initial duty of disclosure as follows:
1) Time of Disclosure and Continuing Duty -
				The Parties shall make the initial disclosure required by this rule as fully as
				then possible within 90 days after the filing of the stipulation to proceed
				under the alternative hearing procedure unless the Administrative Law Judge, on
				motion and for good cause shown, shortens or extends the time. Upon service of
				a disclosure on another Party, the disclosing Party shall file only a notice of
				the service of the disclosure with the Commission. The duty to provide
				disclosures as delineated in this rule shall be a continuing duty, and each
				Party shall seasonably supplement or amend disclosures whenever new or
				different information or documents become known to the disclosing Party. All
				disclosures shall include all information and data in the possession, custody
				and control of the parties as well as that which can be ascertained, learned or
				acquired by reasonable inquiry and investigation.
2) Prompt Disclosure of Information - Within
				the time set forth in this subsection (a)(1), each Party shall disclose in
				writing to every other Party:
A) The factual
				basis of the claim or defense. In the event of multiple claims or defenses, the
				factual basis of each claim or defense.
B) The names, addresses, and telephone
				numbers of all persons whom the Party believes may have knowledge or
				information relevant to the events, transactions or occurrences that gave rise
				to the action, claim or defense, and the nature of the knowledge or information
				each such individual is believed to possess.
C) The names, addresses, and telephone
				numbers of all persons who have given statements regarding the action, claim or
				defense, whether written or recorded, signed or unsigned, and of the custodian
				of the copies of those statements.
D) The names, addresses, and telephone
				numbers of each person whom the disclosing Party expects to call as an opinion
				witness at trial, the subject matter on which the opinion witness is expected
				to testify, the conclusions and opinions of the opinion witness and the bases
				therefor, the qualifications of the opinion witness, and copies of any reports
				prepared by the opinion witness.
E)
				A computation and the measure of damages alleged by the disclosing Party and
				the document or testimony on which such computation and measure are based and
				the names, addresses, and telephone numbers of all damages witnesses.
F) The existence, location, custodian, and
				general description of any tangible evidence or documents that the disclosing
				Party plans to use at trial.
G) A
				list of the documents, or in the case of voluminous documentary information, a
				list of the categories of documents, known by a Party to exist whether or not
				in the Party's possession, custody or control and which that Party believes may
				be relevant to the subject matter of the action, and those which appear
				reasonably calculated to lead to the discovery of admissible evidence, and the
				dates upon which those documents will be made, or have been made, available for
				inspection and copying. Unless good cause is stated for not doing so, a copy of
				each document listed shall be served with the disclosure. If production is not
				made, the name and address of the custodian of the document shall be indicated.
				A Party who produces documents for inspection shall produce them as they are
				kept in the usual course of business.
3) Each disclosure shall be made in writing,
				accompanied by the affidavit of an attorney or a Party which affirmatively
				states that the disclosure is complete and correct as of the date of the
				disclosure and that all reasonable attempts to comply with the provisions of
				this rule have been made. A copy of such affidavit shall be filed with the
				Commission.
4) In addition to any
				other sanction the Administrative Law Judge may impose, the Administrative Law
				Judge shall exclude at hearing any evidence offered by a Party that was not
				timely disclosed as required by this Section, except for good cause
				shown.