Section Newsletter Articles on Deposition
Court reinforces prohibition against using deceased party’s discovery deposition as trial evidence
Civil Practice and Procedure
, October 2007
In the matter of Longstreet v. Cottrell, Inc., 374 Ill.App.3d 549, 871 N.E.2d 72 (5th Dist. 2007), the appellate court reconciled Illinois Supreme Court Rules 212(a)(3) and 212(a)(5), and affirmed the trial court’s order barring the use of a deceased plaintiff’s discovery deposition as evidence at trial. Plaintiffs, a truck driver and his wife, filed suit for bodily injury and loss of consortium allegedly suffered in connection with the husband’s employment.