The Respondent in Discovery Statute Is a Valuable Tool for Plaintiffs in a Variety of Contexts
By Adam Sherman & Marc Sherman
Civil Practice and Procedure,
June 2025
Illinois attorneys can use Section 2-402 to name individuals or entities as respondents in discovery to gather information before deciding if they should be sued. A recent court ruling, Williams v. McAllister, broadened the statute’s use, allowing respondents to be named even without intent to sue, as long as they may have useful information. This helps lawyers identify proper defendants, especially in complex cases like medical malpractice or nursing home care.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
Select a Different Author
