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The County of DuPage
Wheaton, Illinois
 

Court Rules - Civil Proceedings - Discovery

II. CIVIL PROCEEDINGS

ARTICLE 7: DISCOVERY

7.01 WRITTEN INTERROGATORIES OR PRODUCTION REQUESTS

Written interrogatories or production requests shall be limited to thirty (30) questions or requests, counting each subsection as a separate question or request, unless otherwise provided by court order or by agreement of the parties.

7.02 DISCOVERY DOCUMENTS

(a) Restrictive Filing: Unless otherwise ordered by the Court, depositions, interrogatories, answers or responses thereto and other discovery documents, shall not be filed with the Clerk of the Court, except as necessary to resolve disputed issues of procedure, fact or substantive law or pursuant to Supreme Court Rule 207. Rule 7.02 shall not apply to requests to admit facts or to the answers or responses thereto.

(b) Proof of Serving and Answering Discovery Documents: Discovery documents and notice of filing may be served and answered personally or by U.S. mail. Proof of Service and Notice of Filing of all discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties, and adequately identify the particular discovery document being served or answered. The proof of service or answer, upon being filed with the Clerk of the Court, shall be prima facie evidence that such document was served or answered.

7.03 MEDICAL OPINION WITNESSES

(a) Charges for medical-legal services should be no higher than a physician's charges for other medical services, and shall be computed having due regard for the time, effort and skill consumed. Such fees shall neither be so high as to prevent the patient from obtaining the physician's medical-legal services, nor so high as to give the appearance that the physician is attempting to capitalize on the patient's legal problem.

(b) A physician, who has not been paid for treatment rendered to a patient, should still cooperate fully with the patient's attorney. The physician should not refuse nor slow down the submission of medical records or reports, participation in conferences with the attorneys, testimony at depositions or trial, or any other actions necessary to the resolution of the patient's legal claim. Similarly, the physician should not vary the fees normally charged for these services.

7.04 DAYS FOR TAKING DEPOSITIONS

Unless otherwise agreed by the parties or ordered by the Court, depositions shall be taken after 8:00 a.m. and before 5:00 p.m. on days that Court is in session.