Legal Question in Civil Litigation in Illinois
Supplementing Discovery
This is a question involving the FRCP relating to discovery when multiple defendants are involved in a case. If some defendants are dismissed prior to trial, does plaintiff have a duty to supplement his discovery responses even though the discovery was served by a previously dismissed defendant? Are the plaintiff's discovery responses still binding on him (as to the remaining defendants) even though the defendant who served the discovery is no longer involved in the case? I can't find the answer to this ANYWHERE. I've checked cases, FRCP advisory committee notes, local rules, standing orders, everything. Thanks much for your help!
1 Answer from Attorneys
Re: Supplementing Discovery
Since I typically respond to questions in this forum in a general nature, rather than providing specific legal advice, I can say only what my practice is, right or wrong (for I have not undertaken to conduct research w/respect to your question).
In general, if a party has served certain discovery on my client, I will not undertake to supplement this discovery if the party who served it has been dismissed from the lawsuit. If any remaining party wanted the information, they can separately request it (assuming, of course, that they have not met their limitation on the number of interrogatories they served).
As to answers to discovery to a now-dismissed party, my gut is that the responding party is still bound by them, although I can see raising an argument in a motion in limine (just prior to trial) to keep out the damaging information on the ground that it was requested by a now-dismissed party and no party remaining in the case had requested the same information. I'd then let the judge make a ruling.
-- Kenneth J. Ashman; [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
