Using a Dead Deponent’s Discovery Deposition at Trial
Illinois, unlike many states, uses two types of depositions. The discovery deposition, as its name suggests, is for the purposes of aiding in the discovery process and is a less rigid than a traditional deposition. The evidence deposition adheres to the rules of evidence and can be used in lieu of trial testimony should the […]
Death and Discovery Deps.
I recently began practicing in Chicago (took the bar this past July). During my first week of practice I found something amazing. If you filed a case in Illinois before 2011, and a party is deposed in a discovery deposition, and then that party dies, their deposition testimony is not admissible as evidence. The Illinois […]