There is a reason for Illinois Supreme Court Rule 219(c). It allows a trial court to impose a sanction on a party. If the party unreasonably fails to comply with the court’s discovery rules or orders.
Husband in this divorce case did just that. He had been deeded a Missouri farm. He said that made it nonmarital property. The wife should not get a piece of his nonmarital property.
But, the Wife had no idea that her Husband had been deeded on the Missouri farm. Not until approximately two weeks before trial.
His wife did not have enough time to investigate how the farm had been deeded to Husband. She did not have time to get an appraisal.
There was no financial information at trial about the farm. Husband had failed to comply with discovery. He had only said it was his property. He had provided no evidence of anything. Not of how he got the property. Not of its value.
The wife was completely caught off guard. The Court used Rule 219(c). It did not allow the Husband to say that the farm was his nonmarital property.
IRMO Bradley, 2011 IL App (4th) 110392
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