Defendant appeals from the order of the Circuit Court compelling her answers to certain questions. They had been asked during the taking of her discovery deposition. Plaintiff was awarded his costs for the noncompliance by the defendant.
Plaintiff’s attorney had requested that the defendant produce certain documents within 28 days. It was now a day or two before the production deadline. The defendant appeared at the offices of the plaintiff’s attorney for the purpose of taking the defendant’s discovery deposition.
The defendant was asked certain questions about some documents she had brought with her. She could not answer from memory. Her attorney would not let her review the documents. The attorney said that the documents were not due yet.
The court entered a default judgment as a sanction against the defendant. She appealed.
Defendant first contends that she did not technically refuse to answer any questions. She claimed that she had merely refused to look at the relevant documents.
The duty to provide discovery cannot be avoided by technical maneuvers. The purpose of discovery is to further litigation with a minimum of delay and expense. We think it is evident that the defendant’s refusal to look at the documents amounted to a refusal to answer any questions relating thereto.
The defendant cannot justify her refusal on the basis that her attorney had not seen the documents. Or, that their production was not due yet.
Lynch v. Mullenix, 48 Ill.App.3d 963
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