Ill. Sup. Ct. R. 212
(January 1, 2011)
The Committee was prompted to examine this issue by the decision in Berry v. American Standard, Inc., 3 82 Ill. App. 3d 895 (5th Dist. 2008). The Committee believes that a trial court should have the discretion under subparagraph (a)(5) to permit the use of a party's discovery deposition at trial. It appears that there may be rare, but compelling, circumstances under which a party's discovery deposition should be permitted to be used. In the Committee's view, Berry presents such circumstances. Given that in most cases counsel will have the opportunity to preserve a party's testimony via an evidence deposition, it is expected that the circumstances that would justify use of a discovery deposition would be extremely limited.
This amendment applies to cases filed on or after the effective date.