There are few things litigators and judges dread more than a protracted discovery dispute. Given the angst discovery misconduct provokes, siccing the Illinois Supreme Court Rules on a culprit is understandable. But a measured response may be more prudent. Penalizing bad behavior with a default judgment is rarely necessary, even as a response to perjury or defiance of court orders.
In September’s Illinois Bar Journal, appellate litigator Christopher Keleher examines discovery sanctions available for plaintiffs and defendants under Illinois Supreme Court Rule 219(c). There are good reasons the courts use default judgments against defendants and dismissals with prejudice against plaintiffs sparingly.