Need a good advice, please.

[hazel77]

I'm a plaintiff in contract type of civic case and requested a reply to "defendant's interrogatories and request for production" in Skokie circuit court of cook county, Illinois.

Defendant requested to inspect originals of about 77 copies of the documents, which was filed previously by me with the court and delivered to defendant. I do have originals, but because of the violent and unstable nature of the defendant I'm afraid that he might destroy them and then I wouldn't be able to reproduce them.

Also, he want me to provide a signed under oath document with filled out interrogatives and request for production.

What should I legally do( and don't do) knowing that he's trying to delay this matter and not to repay back me money loaned to him in his time of need?
Which documents I absolutely obligated to provide him with?
Thank you.

 

[dee_dub]

I suggest you consult a local lawyer. You're asking about the niceties of your local civil procedure, and no-one here is an expert on that.

As I read Illinois Rule 214, he is entitled to ask you to produce the originals for his own inspection and copying. The rule does not say so, but I strongly suspect you are entitled to have him come to a convenient location (i.e. your lawyer's office) to do so, and to have someone in attendance during his inspection. The costs of this attendance should be part of the court costs which you may be awarded in the event you win the suit, and if he's doing it in bad faith (i.e. as a delay tactic) you may be awarded higher costs (or whatever Illinois law provides). He also may be entitled to ask for written interrogatives, and you should answer them.

 

[hazel77]

Thank you very much for your respond.

I would like you to answer couple of other questions, please.
Whom does discovery get issued to:
~file to the court with my case;
~deliver to the defendant directly;
~whom do I have to provide the originals to defendant or the court?
Defendant requested an originals. Can I provide him with the copies and offer for him to see an originals later and under supervision in my respond to his discovery? Would that be sufficient for the court.
Should I ask defendant for discovery because so far he didn't produce any exhibits and I doubt that he have any?
And one more, please ( probably not very smart one).
If I don't want to bring up any more documents at this time (because I don't think I'll need them) would judge allow me introduce them later or now or newer?
Thank's again for your help!!

 

[dee_dub]

These are questions you need to ask your lawyer. I am not versed in Illinois civil procedure. If you want my general opinions:

You usually don't file discovery with the court, you give it to the other party.

I suspect providing copies in response to a request for originals will simply result in him repeating the request for originals.

Whether you should ask him for discovery depends on what you think he might have.

The point of discovery is to allow each side to learn everything the other knows about the case. (At least, it is where I come from.) This prevents trial by ambush and promotes settlement. If you don't produce something now, I expect you'll have a hard time convincing a judge why you should be allowed to produce it later, and you may be subject to an order for costs.

 

[hazel77]

Thank you.