Neither Limited nor Simplified: A Proposal for Reform of Illinois Supreme Court Rule 222(B)

Abstract

A limited and simplified discovery system should broaden access to courts, resolve disputes quickly, and expedite relief to injured parties. It should not incentivize procedural gamesmanship or increase the system’s complexity. Regrettably, Illinois’s “limited and simplified” discovery system does both. The initiation procedure for the simplified system, Rule 222(b), creates procedural traps and perverse incentives for both plaintiffs and defendants, and conflicting appellate interpretations of the Rule intensify the problem. This Note examines the flaws underlying the current simplified discovery scheme and argues for reform. It examines simplified discovery schemes in other states to recommend a new system for initiating and exiting limited and simplified discovery in Illinois. It also identifies lessons that other states can take from Illinois to improve their own discovery procedures. The proposed reforms would improve cost savings by broadening the Illinois scheme’s applicability and increase transparency and fairness for all litigants.