The short answer
What Illinois families should know.
Diligence means taking timely, concrete steps to obtain the information the case requires and documenting those efforts. It matters when a party asks for more time because discovery is unfinished. A useful record shows what was requested, when obstacles arose, how they were addressed, and why the remaining work is still necessary.
Start with the actual schedule
Read the discovery deadlines, expert dates, conference orders, and trial setting together. Identify which tasks depend on earlier records or depositions. A business expert cannot finish a reliable report if essential statements arrive after the report deadline. Build a realistic sequence early and update it when new issues appear, rather than treating the trial date as the first meaningful deadline.
Make specific and timely requests
Supreme Court Rules 201 and 214 address discovery scope and document production. Request records with enough precision that the responding party can identify them. Track responses and examine them while there is time to correct deficiencies. Waiting months to discover that an account statement is incomplete makes it harder to explain why a late request or continuance became necessary.
Follow up on obstacles
Document consultations, agreed extensions, subpoena service, provider delays, and efforts to resolve objections. Rule 201(k) requires the specified consultation before discovery motions. If an obstacle persists, consider a focused motion rather than allowing the problem to remain unaddressed. The record should distinguish an opposing party’s delay from time lost because no one followed up on an unanswered request.
Explain why additional time matters
Rule 201(f) states that trial should not be delayed for discovery unless due diligence is shown. A request for more time should identify the remaining evidence, its relevance, efforts already made, and a realistic completion date. Rule 218 scheduling orders also matter. Avoid promising completion dates that depend on an uncontacted witness or an expert who has not yet agreed to the work.
Prepare
Useful next steps
- Maintain a discovery chronology with requests, responses, follow-ups, and court dates.
- Review productions promptly and list specific deficiencies.
- Connect any requested extension to necessary work and a realistic completion plan.
Avoid
Common missteps
- Waiting until trial approaches to review received records
- Assuming informal settlement talks suspend discovery deadlines
- Blaming delay without documenting efforts to resolve it
Frequently asked questions
Clear answers to the first questions.
What belongs in a discovery-diligence chronology?
List requests, response dates, follow-up communications, conference efforts, motions, and court deadlines. Attach the relevant documents so counsel can explain both the outstanding evidence and the steps taken to obtain it promptly.
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This article provides general information and is not legal advice. Laws, court rules, local procedures, and individual facts can change the analysis. Reading it or contacting the firm does not create an attorney-client relationship.