Basic Skills Program - Discovery

Transcription

1 Basic Skills Program - Discovery By: Jeffrey J. Kroll Law Offices of Jeffrey J. Kroll 10 South LaSalle Street Suite 3702 Chicago, Illinois (312) jeff@kroll-lawfirm.com - website - blog Before any lawyer begins his or her representation in a personal injury case, he or she should familiarize themselves with the Illinois Supreme Court Rules on Pretrial Procedure (Rules ) and on Trials (Rules ). This paper and supporting presentation cannot do justice to all of the intricacies and issues involved in written and oral discovery in cases. Much of this paper will address automobile collision cases. Thoroughly reading and understanding the Supreme Court Rules will be a big step in successfully handling an automobile collision case or any type of case. I. PRE-SUIT INVESTIGATION BY THE PLAINTIFF A. Obtaining Records Prior to filing a lawsuit, the issuance of any written discovery and well before taking liability depositions, a lawyer handling a case needs to engage in an in-depth investigation as to how the collision occurred. 1. The Police Report A good start is to obtain all traffic and/or police reports. Review them carefully. When reviewing these crash reports, search for the following information: - Has a traffic citation been issued? - If so, what was the disposition of it? - Did the defendant plead guilty? - Are there any supplemental reports? - Was an accident reconstructionist called to the scene? - Were photographs or videotapes taken of the scene and the vehicles? - Was a diagram of the scene prepared? - Were 911 phone calls made?

2 - If so, get a copy of the 911 phone call transcript. - Is the name of the ambulance company on the report? - If so, subpoena those records. Police reports from the City of Chicago can be found at There is also a service where you can purchase an accident report searching by state at 2. Witness Statements Obtain statements from any witnesses listed on the police report or any witnesses known by your client. 3. Medical Records Have your client execute a medical authorization and obtain all his medical records, including medical records prior to the accident which may disclose any pre-existing conditions. 4. Scene Visit Your initial investigation is not complete unless you go to the scene. No photograph or narrative will ever be an adequate substitution for actually going to the scene. Have an investigator or photographer obtain photographs or videotape of the scene and the vehicles. Be keenly aware of the different distances involved and whether there were any potential obstructions to the visibility of any of the drivers. Know all of the buildings/landmarks in the area. Know the road conditions. If this is an accident involving a pedestrian, know the area around the accident site. For example, if there are schools, parks, or stores, a driver should be on a higher alert. B. Respondents In Discovery A useful tool for the purpose of ascertaining the identity of who may be a responsible party is filing a Respondents in Discovery action. To bring an action for discovery, file a verified petition in the circuit court of the county in which one or more of the persons or entities from whom discovery is sought resides. The petition shall be brought in the name of the petitioner and shall name as respondents the person(s) or entities from who discovery is sought. The petition shall set forth the reason the proposed discovery is necessary and the nature of the discovery sought. The petitioner shall serve the respondent(s) with a copy of the petition and a summons. Respondents in discovery may be converted, upon motion to the court, as defendants in the case within six (6) months of filing the original petition. 2

3 Purpose of Discovery At a minimum, discovery serves the purpose of obtaining information from one s opponent that was previously unknown in order to assist in presenting your case to a judge or jury. This is true, but is also a naive approach to discovery. It fails to recognize the full potential of the various tools available to an attorney in representing this client s best interest. Yes, it is essential to use discovery in order to learn what your opponent knows about the case and to learn their theory of the case. However, before you begin discovery, you need a plan. A well thought out plan. The objectives of pre-trial discovery are to enhance the truth seeking process, enable attorneys to better prepare for trial and to eliminate surprise. The goal is to promote an expeditious and final determination of controversies in accordance with the substantive rights of the parties. What does that mean? It is a quest for justice and the elimination of surprise at trial. Discovery cannot and should not be used as a tactic to obstruct the trial process. Unfortunately, you are going to find lawyers that are attempting to obstruct the truth seeking process. Supreme Court Rule 201 (a) states that information is obtainable, under the Supreme Court Rules, through any of the following discovery methods: depositions upon oral examination or written questions, written interrogatories to parties, discovery of documents, objects or tangible things, inspection of real estate, requests to admit and physical and mental examination of persons. Pursuant to Supreme Court Rule 201(d), no discovery procedure shall be noticed without leave of court prior to the time all defendants have appeared. That does not mean that you should not investigate other methods of obtaining documents and information pertaining to your suit. What Do I Want to Obtain? 1. Be creative. Do not assume that just because other lawyers have not asked for it, it is not important. Do not be afraid to deviate from some prior form discovery or your office s discovery repertoire. 2. Think like someone that is lazy. Think about it, hy reinvent the wheel? Why make more work for yourself? Get transcripts from prior cases involving the deponent. Review the pre-trial orders filed in prior cases (particularly, witness and exhibit lists). See if there is an expert 3

4 that has reviewed pertinent discovery on someone else s dime and read the deposition transcript. 3. Use the telephone. There are plenty of lawyers out there that have handled this kind of case before. Take advantage of the opportunity to join an existing litigation group whether you are on the plaintiff s bar or the defense bar. 4. Get smarter. Learn about the medicine and the defendant s documents. Get personally involved in document review. It must be done. 5. Use the Internet. Google the opposing party. You will be amazed at what you can find out. II. WRITTEN DISCOVERY Let s start with written discovery in an automobile case. Discovery in an automobile case should proceed with an eye towards accomplishing its intended purpose, which is: (1) expediting the disposition of the litigation; (2) promoting fact finding and the ascertainment of the truth; and (3) reducing surprise. Wegmann v. Department of Registration & Education, 61 Ill. App. 3d 352 (1st Dist. 1978). In Illinois, a complete, good-faith exchange of discovery is presumed and fractional discovery is not permitted nor tolerated by the courts. As the First District Appellate Court noted, discovery is not intended to denigrate into a battle of wits between attorneys. Hengels v. Gilski, 127 Ill. App. 3d 894 (1st Dist. 1984). A. Written Interrogatories 1. Standard Interrogatories Exchanging written interrogatories is the first discovery step utilized by attorneys to obtain information relating to the parties and the occurrence in question. A carefully crafted set of interrogatories can obtain information that will lead to the use of other relevant discovery to fully and adequately prepare your case. On April 23, 1996, the Illinois Supreme Court approved standard interrogatories to be used in motor vehicle cases. (Supreme Court Rule 213(j); Standard Interrogatories can be found in Appendix A). The committee comments for Supreme Court Rule 213(j) notes the practitioner is encouraged to utilize interrogatories approved by the Supreme Court pursuant to paragraph (j) whenever possible. Therefore, these are the interrogatories that should 4

5 be utilized by the practitioner for an automobile collision case. However, a common mistake made by practitioners is not modifying the interrogatories to fit your specific case. There is nothing worse than an interrogatory that seeks irrelevant information that does not apply to your case. Candidly, there is nothing more discrediting to one s preparedness towards a case and, ultimately, their work ethic, when the information requested is inapplicable or names from another case are being used. A sloppy cut and paste job is embarrassing. Your time should be spent crafting the interrogatories carefully and with the purpose of gathering information that is relevant to your case. For example, if you are dealing with an automobile case involving a corporate party, the interrogatories should obviously be modified and geared toward the corporate defendant. Only counsel s creativity and the numerical restrictions provide limits to what information can be discovered through interrogatories. Information that can be obtained through interrogatories includes (a) the identity of witnesses; (b) the existence of witness statements; (c) social security numbers and driver s license numbers. Other areas of inquiry might include (a) the name of a party s ophthalmologist; (b) information on possible automobile defects; and (c) admissions in traffic court. The only substantive restriction provided by S.Ct. Rule 213 is that interrogatories should be limited to the subject matter of the case. Any relevant information can be requested. An example of the standard automobile interrogatories contained in Supreme Court Rule 213(j) are set forth at the end of this paper. 2. Numerical Limits Supreme Court Rule 213 restricts a party from serving more than 30 interrogatories, including subparts, unless by agreement of the party or by leave of court. The exception to this rule is the model interrogatories approved by the Illinois Supreme Court, which exceed 30. When making modifications to the model interrogatories to fit a particular case, keep in mind the extent to which such modifications alter the approved model interrogatories and whether the 30- interrogatory limit is exceeded. 3. Duty To Supplement Answers to Interrogatories Supreme Court Rule 213(I) requires all parties to seasonably supplement or amend their answers or prior responses whenever new or additional information becomes available to them. As all parties have an affirmative duty to supplement their answers, there is no need to serve supplemental interrogatories to obtain such updated information. However, it may be beneficial to send opposing counsel reminders to seasonably supplement their prior responses if new or additional information becomes available in your case. Although your initially completed answers to interrogatories may have been fully 5

6 completed in good faith, Supreme Court Rule 213 mandates that you supplement additional information that becomes known to you. You must do so in a reasonable amount of time after the information is known or should be known to you. Having some type of tickler system or tracking system to supplement answers on a regular basis is a must for any attorney handling auto cases. Try and have your client send you letters/updates on their condition and then let the other side know this information as soon as possible. 4. Trial Witnesses Illinois Supreme Court Rule 213(f) provides that upon written interrogatory a party must furnish the identities and addresses of witnesses who will testify at trial. The purpose of S.Ct. Rule 213(f) is to prevent unfair surprise at trial without creating an undue burden on the parties before trial. This rule divides witnesses into three categories with separate disclosure requirements for each category. a. Lay Witnesses A lay witness is a person giving only fact or lay witness testimony. For such a witness, the party must identify the subjects on which the witness will testify. The answer must give reasonable notice of the expected testimony. A lay witness includes persons such as an eyewitness to a car accident. For such a witness, the party must provide a sufficient description of the subjects on which the witness will testify to enable opposing attorneys to decide whether to depose the witness. Committee Comments to S.Ct. Rule 213(f) indicate that a proper answer might provide: 1. the path of travel and speed of the vehicles before impact; 2. a description of the impact; and 3. the lighting and weather conditions at the time of the accident. Further, the Committee Comments indicate that the answer would not be proper if it said only that the witness will testify simply about the accident. b. Independent Expert Witnesses Independent expert witnesses include persons such as a police officer who will give testimony based on his or her investigation of a car accident or a doctor who gives expert testimony based on his or her treatment of the plaintiff s injuries. For witnesses in this category, the Committee Comments indicate that the party must identify the topics on which the witness will testify and the opinions the party expects to elicit. Comments for S.Ct. Rule 213(f) provide further detail regarding the circumstances under which a brief or a more detailed statement of opinions will be required. 6

7 c. Controlled Expert Witnesses Controlled expert witnesses include persons such as retained experts. Such a witness can be counted on for full cooperation, and, therefore, this rule requires the party to provide the subject matter on which the witness will testify, the conclusions and opinions of the witness and the basis therefore, the qualifications of the witness, and any reports prepared by the controlled expert witness about the case. The Committee Comments regarding controlled expert witnesses require that the party set forth the gist of the testimony on each topic the witness will address. A party may meet this disclosure obligation in part by incorporating prior statements or reports of the witness. B. Preparing Answers to Written Interrogatories In preparing answers to your client s interrogatories, the prudent attorney should assemble all available information and draft concise, truthful and complete responses. This should be done with the client. Why with the client? A written interrogatory is directed to the actual knowledge and information available to both the attorney and the party that the attorney is representing. See, e.g., Smith v. Realcoa Construction Company, 13 Ill. App. 3d 254 (1st Dist. 1973). Therefore, the attorney must include not only the information received from the client but also the information gathered by the attorney. In many instances, Supreme Court Rule 213(e) has made answering written interrogatories a bit easier. Now, a party may simply refer to or attach documents containing the requested information. However, it is improper to answer an interrogatory by attaching multiple, unidentified documents and expecting your opponent to find the needle in the haystack and let them try and seek out all of the pertinent information. Singer v. Treat, 145 Ill. App. 3d 585 (1st Dist. 1986). Remember that Supreme Court Rule 201 requires that a party may obtain by discovery full disclosure regarding any matter relevant to the subject matter in the pending action, whether it relates to the claim or defense of the party. Keep in mind that the answers to interrogatories may be used for impeachment. They may be used as admissions or for any purpose for which an affidavit may be used. In Illinois, written answers to interrogatories may be used to the same extent that a discovery deposition is used. Supreme Court Rule 213(h). Supreme Court Rule 213(d) also requires that the party to whom the written interrogatories are directed must file a signed, sworn answer to each interrogatory. If you return the answers unsigned or unwritten, they do not satisfy this requirement. C. Requests to Produce Another basic discovery tool available to the trial lawyer is obtaining documents, objects or other tangible things from another party. That basic tool is the production request which should 7

8 conform to the requirements of Supreme Court Rule 214. A production request must be sufficiently specific so as to inform the opposing party of its obligation to produce. See, e.g. General Motors Corp v. Bua, 37 Ill. 2d 180 (1967). Generally, a written production request may be filed at the same time written interrogatories are directed to the opposing party. A production request should be broad enough to request any and all items in the possession of other parties and any documents that might be produced at the time of trial. For example, a document request may seek witness statements, photographs, videotapes, surveillance tapes, plats, or diagrams, expert witnesses reports, witnesses statements, documentation of wage loss, and medical items of special damages, repair records of the vehicle, maintenance records of the vehicle, police reports, internal investigation by a company of its driver, etc. This should be done prior to taking the discovery deposition of the parties and witnesses. With the advent of computers, Supreme Court Rule 201(b)(1) and 214 have now been extended. The definition of what is a document now includes all retrieval information in computer storage. What that means is that trial attorneys should amend their standard request to produce to include any and all information stored on computers and seek a protective order if that information is vital to the case. Rule 214 also provides that all information kept in computer storage be produced in printed form. Supreme Court Rule 204(a)(3) provides for a request to the opposing party to bring documents at the time a discovery deposition is taken. This provision affords counsel the opportunity to obtain an explanation of records or documents within the knowledge of the adverse party. To really benefit from this rule, counsel must receive the relevant records pursuant to S.Ct. Rule 214 in time to review the documents before the deposition. If the witness has not reviewed the records before the deposition, he or she may look foolish and be subject to an effective crossexamination at the time of trial. If the witness is prepared to discuss the records, counsel will probably learn more about his or her opponent s case and may gain a technical advantage. Once a request for production is served, the opposing party has 28 days to respond to that request. Supreme Court Rule 214 requires responding parties to produce documents as they are kept in the usual course of business. Further, the rule requires that responses be labeled to correspond with the categories listed in the request. The rule provides that the party producing the documents furnish an affidavit indicating that the production is complete. As with interrogatories, a party has a duty to seasonably supplement or update prior responses to requests to produce with any documents, objects, or tangible things that come into that party s possession after the initial production request is answered. This would include additional medical records and medical bills. Again, this requirement eliminates the need to propound supplemental requests to produce. D. Request to Admit Supreme Court Rule 216 provides a procedure for obtaining admissions regarding the truth of facts or the genuineness of documents. Why would you use Rule 216? The answer is simple: 8

9 Limit the issues and proofs that are necessary at trial. I believe the committee comments suggest that this procedure not be used frequently. Candidly, I could not disagree more. Supreme Court Rule 216 is very useful in eliminating foundations for the admission of evidence and other matters that should not be contested and thereby streamline the entire trial proceedings. Be careful of Supreme Court Rule 216. I speak of it as a sword but it could also be a shield. If you do not answer the Request to Admit in a timely fashion (28 days), it will be deemed admitted. Courts have made exceptions for the hard and fast 28 day rule but only on good cause. Trust me, it is not wise to hope for this judicial mercy. E. Obtaining Records Supreme Court Rule 204(a) provides for the issuance of a subpoena that commands the person to whom it is directed to produce documents or tangible things that constitute or contain evidence relating to any of the matters permitted in discovery. The defendant s employment records may also be used to establish what time the defendant left work or was due at work. Evidence that a defendant was behind schedule is admissible to infer that he or she was speeding. Hustan v. CTA, st 35 Ill. App. 3d 428 (1 Dist. 1976). If the accident occurred at an intersection with a traffic light, obtain a copy of the traffic light sequence. Similarly, if there are cameras at the scene, the camera may show the entire collision. Consider whether there is a possibility that the defendant driver was using a cell phone near the time of the accident, and obtain a copy of the cell phone record from the driver s carrier. F. Independent Medical Examination (IME) In an action in which the physical or mental condition of a party is at issue, the court may, upon notice or motion, order a party to submit to a physical or mental examination by a licensed professional in a discipline related to the physical or mental condition which is involved. (Supreme Court Rule 215). The motion shall suggest the identity of the examiner and set forth the examiner s discipline. In the event that the examiner is called to testify at trial, he or she is considered to be a controlled expert witness and must be disclosed in accordance with Rule 213. The examiner is required to prepare a report and provide it to the attorney requesting the examination and the attorney for the party examined within twenty-one (21) days of completing the exam. I am generally critical of these examinations because they are generally very biased and intended to minimize a plaintiff s injuries. Ask your plaintiff to time the length of the examination because they are typically very short in length. You will have the opportunity to take the medical examiner s deposition. 9

10 III. PRETRIAL PROCEDURE A. Case Management Conferences Case management conferences are an important part of the discovery process because they serve as an additional mechanism to keep the case moving. The court shall hold a case management conference within 35 days after the parties are at issue and in no event more than 182 days following the filing of the complaint. At the initial conference, pursuant to Supreme Court Rule 218, the attorney appearing should be familiar with: (1) the nature, issues and complexity of the case; (2) the simplification of the issues; (3) the amendments to the pleadings; (4) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (5) limitations on discovery including: (i) the number and duration of depositions which may be taken; (ii) (iii) the area of expertise and the number of expert witnesses who may be called; deadlines for the disclosure of witnesses and the completion of written discovery and depositions (6) The possibility of settlement and scheduling of a settlement conference; (7) The advisability of alternative dispute resolution; (8) The date on which the case should be ready for trial; (9) The advisability of holding subsequent case management conferences; and (10) Any other matters which may aid in the disposition of the matter. Simply put, it is embarrassing for you and your firm when you step up before a judge and have no idea what the status is of the case. Obviously, it is not beneficial for the client either. Even if it is not a case to which you are assigned, you should be prepared and take a look through the file before going to court. IV. DISCOVERY SANCTIONS In the event that a party refuses to comply with discovery rules, the court may enter sanctions. Pursuant to Supreme Court Rule 219, the court may enter an appropriate sanction, including monetary sanctions or the court may enter an order including the following: (1) That further proceedings be stayed until the rule or order is complied with; (2) That the offending party be debarred from filing any other pleading to any issue to which the refusal or failure relates; (3) That the offending party be debarred from maintaining any particular claim, counterclaim, third-party complaint, or defense relating to that issue; 10

11 (4) That a witness be barred from testifying concerning that issue; (5) That, as to claims or defenses asserted in any pleasing to which that issue is material, a judgment by default be entered against the offending party or that the offending party s action be dismissed or without prejudice or (6) That any portion of the offending party s pleadings relating to that issue be stricken, and if thereby made appropriate, judgment be entered as to that issue. In the event that the court enters an order for monetary sanctions, the offending party may be ordered to pay interest at the rate provided by law for judgments for any period of pretrial delay attributable to the offending party s conduct. In sum, pretrial discovery involves compiling the nuts and bolts of the case. The documents and information gathered during this time will ultimately add up to prove your case. Make the most of this opportunity to win the case for your client! 11

12 Appendix A Motor Vehicle Interrogatories to Defendants 1. State the full name of the defendant answering, as well as your current residence address, date of birth, marital status, driver's license number and issuing state, and social security number, and, if different, give the full name, as well as the current residence address, date of birth, marital status, driver's license number and issuing state, and social security number of the individual signing these answers. 2. State the full name and current residence address of each person who witnessed or claims to have witnessed the occurrence that is the subject of this suit. 3. State the full name and current residence address of each person not named in interrogatory No. 2 above who was present and/or claims to have been present at the scene immediately before, at the time of, and/or immediately after the occurrence. 4. As a result of the occurrence, were you made a defendant in any criminal or traffic case? If so, state the court, the caption, the case number, the charge or charges filed against you, whether you pleaded guilty thereto and the final disposition. 5. Were you the owner and/or driver of the vehicle involved in the occurrence? If so, state whether the vehicle was repaired and, if so, state when, where, by whom, and the cost of the repairs. 6. Were you the owner and/or driver of any vehicle involved in the occurrence? If so, state whether you were named or covered under any policy, or policies, of liability insurance effective on the date of the occurrence and, if so, state the name of each such company or companies, the policy number or numbers, the effective period(s) and the maximum liability limits for each person and each occurrence, including umbrella or excess insurance coverage, property damage and medical payment coverage. 7. Do you have any information: 1. That any plaintiff was, within the five years immediately prior to the occurrence, confined in a hospital and/or clinic, treated by a physician and/or other health professional, or x-rayed for any reason other than personal injury? If so, state each plaintiff so involved, the name and address of each such hospital and/or clinic, physician, technician and/or other health care professional, the approximate date of such confinement or service and state the reason for such confinement or service; 2. That any plaintiff has suffered any serious personal injury and/or illness prior to the date of the occurrence? If so, state the name of each plaintiff so involved and state when, where and how he or she was injured and/or ill and describe the injuries and/or illness suffered; 3. That any plaintiff has suffered any serious personal injury and/or illness since the date of the occurrence? If so, state the name of each plaintiff so involved and state when, where and how he or she was injured and/or ill and describe the injuries and/or illness suffered; 4. That any plaintiff has ever filed any other suit for his or her own personal injuries? If so, state the 12

13 name of each plaintiff so involved and state the court and caption in which filed, the year filed, the title and docket number of the case. 8. Were any photographs, movies and/or videotapes taken of the scene of the occurrence or of the persons and/or vehicles involved? If so, state the date or dates on which such photographs, movies and/or videotapes were taken, the subject thereof, who now has custody of them, and the name, address and occupation and employer of the person taking them. 9. Have you (or has anyone acting on your behalf) had any conversations with any person at any time with regard to the manner in which the occurrence complained of occurred, or have you overheard any statements made by any person at any time with regard to the injuries complained of by plaintiff or the manner in which the occurrence complained of occurred? If the answer to this interrogatory is in the affirmative, state the following: 1. The date or dates of such conversations and/or statements; 2. The place of such conversations and/or statements; 3. All persons present for the conversations and/or statements; 4. The matters and things stated by the person in the conversations and/or statements; 5. Whether the conversation was oral, written and/or recorded; and 6. Who has possession of the statement if written and/or recorded. 10. Do you know of any statements made by any person relating to the occurrence complained of by the plaintiff? If so, give the name and address of each such witness and the date of the statement, and state whether such statement was written and/or oral. 11. Had you consumed any alcoholic beverage within 12 hours immediately prior to the occurrence? If so, state the names and addresses of those from whom it was obtained, where it was consumed, the particular kind and amount of alcoholic beverage so consumed by you, and the names and current residence addresses of all persons known by you to have knowledge concerning the consumption of the alcoholic beverages. 12. Have you ever been convicted of a misdemeanor involving dishonesty, false statement or a felony? If so, state the nature thereof, the date of the conviction, and the court and the caption in which the conviction occurred. For the purpose of this interrogatory, a plea of guilty shall be considered as a conviction. 13. Had you used any drugs or medications within 24 hours immediately prior to the occurrence? If so, state the names and addresses of those from whom it was obtained, where it was used, the particular kind and amount of drug or medication so used by you, and the names and current residence addresses of all persons known by you to have knowledge concerning the use of the drug or medication. 14. Were you employed on the date of the occurrence? If so, state the name and address of your employer, and the date of employment and termination, if applicable. If your answer is in the affirmative, state the position, title and nature of your occupational responsibilities with respect to your employment. 13

14 15. What was the purpose and/or use for which the vehicle was being operated at the time of the occurrence? 16. State the names and addresses of all persons who have knowledge of the purpose for which the vehicle was being used at the time of the occurrence. 17. State the name and address of the registered owner of each vehicle involved in the occurrence. 18. Have you ever had your driver's license suspended or revoked? If so, state whether it was suspended or revoked, the date it was suspended or revoked, the reason for the suspension or revocation, the period of time for which it was suspended or revoked, and the state that issued the license. 19. Do you have or have you had any restrictions on your driver's license? If so, state the nature of the restrictions. 20. Do you have any medical and/or physical condition which required a physician's report and/or letter of approval in order to drive? If so, state the nature of the medical and/or physical condition, the physician or other health care professional who issued the letter and/or report, and the names and addresses of any physician or other health care professional who treated you for this condition prior to the occurrence. 21. State the name and address of any physician, ophthalmologist, optician or other health care professional who performed any eye examination of you within the last five years and the dates of each such examination. 22. State the name and address of any physician or other health care professional who examined and/or treated you within the last 10 years and the reason for such examination and/or treatment. 23. Pursuant to Illinois Supreme Court Rule 213(f), provide the name and address of each witness who will testify at trial and state the subject of each witness' testimony. 24. Pursuant to Illinois Supreme Court Rule 213(g), provide the name and address of each opinion witness who will offer any testimony and state: 1. The subject matter on which the opinion witness is expected to testify; 2. The conclusions and/or opinions of the opinion witness and the basis therefor, including reports of the witness, if any; 3. The qualifications of each opinion witness, including a curriculum vitae and/or resume, if any; and 4. The identity of any written reports of the opinion witness regarding this occurrence. 25. List the names and addresses of all other persons (other than yourself and persons heretofore listed) who have knowledge of the facts of the occurrence and/or of the injuries and damages claimed to have resulted therefrom. 14

15 26. Identify any statements, information and/or documents known to you and requested by any of the foregoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim as required by Illinois Supreme Court Rule 201(n). Attestation STATE OF ILLINOIS ) )SS. COUNTY OF ), being first duly sworn on oath, deposes and states that he/she is a defendant in the above-captioned matter, that he/she has read the foregoing document, and the answers made herein are true, correct and complete to the best of his/her knowledge and belief. SIGNATURE SUBSCRIBED and SWORN to before me this day of, 20. NOTARY PUBLIC 15