United States · Illinois civil procedure
How is the Illinois discovery cutoff established before trial?
Rule 218(c) requires discovery dates chosen to complete discovery no later than 60 days before anticipated trial, unless the parties otherwise agree. The actual case-management order controls the action unless modified. Obtain its discovery and witness-disclosure dates.
- Period
- Actual ordered discovery dates, with the qualified 60-day-before-trial constraint
- Trigger
- Actual case-management order and the court’s reasonably anticipated trial date
- Rule
- Illinois Supreme Court Rule 218(c)
Current official individual rules, including Rule 90 effective March 1, 2026 and Rule 9 amended May 29, 2026
Source guide · No automated date
Establish the complete Illinois civil procedure
The actual case-management order, its modifications and any party agreement determine discovery dates. The qualified sixty-day scheduling constraint alone cannot supply the complete party deadline.
Illinois Supreme Court Rule 218(c)What lawyers say
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What starts this Illinois civil period?
Obtain the controlling case-management order and all actual modifications.
Identify the court’s reasonably anticipated trial date and each ordered witness or discovery date.
Establish any party agreement altering the 60-day requirement and preserve the actual procedural record.
Illinois Supreme Court Rule 218(c)How is this Illinois civil period counted?
- Obtain the controlling case-management order and all actual modifications.
- Read the actual dates in the controlling order first. Compare the qualified 60-day-before-trial constraint separately. A party agreement may waive or modify that constraint without altering trial, as the official committee comment explains.
- Check statutory holidays and the proper court’s actual calendar.
- Complete the particular written discovery, deposition or witness disclosure by its actual governing date. Preserve the controlling order, amendments, agreement, completed responses and service proof.
A minimum notice period counted backward needs the actual hearing calendar and timely effective notice. Section 1.11 does not supply this preset with an automatic backward landing-day adjustment. Preserve the nominal boundary and review a weekend, statutory holiday, special order or local closure separately. Do not move a minimum notice date forward and shorten the required notice.
5 ILCS 70/1.11Why does this procedure need separate review?
The actual case-management order, its modifications and any party agreement determine discovery dates. The qualified sixty-day scheduling constraint alone cannot supply the complete party deadline.
Which qualifications and court directions matter?
- The order controls unless modified
- Paragraph (c) requires an order recording court action, agreements and unresolved trial issues. That order controls the subsequent action unless modified.
- The 60-day requirement is qualified
- Paragraph (c) permits a different party agreement. Its October 4, 2002 committee comment explains that parties may waive or modify the 60-day rule without changing the trial date.
- Witness deadlines include rebuttal witnesses
- The dates selected for witness disclosure, including rebuttal witnesses, and discovery completion must satisfy the stated scheduling requirement unless otherwise agreed.
- The calculator does not decide the applicable civil procedure, disputed facts, sufficiency of a filing or whether the court grants relief.
- Check the governing edition and actual orders. A current rule does not establish every historical case’s timetable.
What must be filed, served and preserved?
Questions about this Illinois civil act
How is the Illinois discovery cutoff established before trial?
Is discovery always due exactly 60 days before trial?
No. The actual order may set earlier dates, and paragraph (c) permits a different party agreement. Read the controlling timetable.
Illinois Supreme Court Rule 218(c)Does a trial date alone establish my deposition deadline?
No. Obtain the actual discovery order, modifications and relevant agreement. The nominal subtraction does not replace them.
Illinois Supreme Court Rule 218(c)Are rebuttal witness disclosures covered?
Yes. Paragraph (c) expressly includes rebuttal witnesses in the disclosure dates selected under its scheduling requirement.
Illinois Supreme Court Rule 218(c)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Illinois Supreme Court Rule 218(c) | The actual actor, event and specific procedural period |
| Illinois Supreme Court Rule 218(c) | The order controls unless modified |
| Illinois Supreme Court Rule 218(c) | The 60-day requirement is qualified |
| Illinois Supreme Court Rule 218(c) | Witness deadlines include rebuttal witnesses |
| 5 ILCS 70/1.11 | First-day exclusion and final weekend or statutory holiday |
| 205 ILCS 630/17 | Statutory holidays, including Pulaski Day, Good Friday and general election day |
| Illinois Supreme Court Rule 9(f) | Applicable filing, service, proof and effective-date requirements |
| Illinois Supreme Court Rule 11 | Applicable filing, service, proof and effective-date requirements |
| Illinois Supreme Court Rule 12 | Applicable filing, service, proof and effective-date requirements |