2 Ill. Adm. Code 1620.490
Discovery
Section 1620.490 Discovery
a) The
parties shall not engage in discovery without leave of the Commission, but the
Commission encourages the voluntary exchange of information by the parties.
b) At
least 2 weeks prior to the scheduled hearing or at a date determined by the
Chair or an administrative law judge, if any, each party must file with the
Commission and disclose to the other party:
1) the
names of all witnesses expected to testify at hearing;
2) a
summary of the witnesses' expected testimony;
3) copies
of all documents expected to be introduced into evidence at hearing;
4) a
description of any physical evidence expected to be introduced at hearing;
5) any
known evidence that is exculpatory or tends to negate the allegations contained
in the complaint; and
6) any
statements or recordings of statements made by a respondent, or summaries of a
respondent's interview.
c) Any
physical evidence expected to be introduced at hearing shall be made available
to the other party for inspection at least 2 weeks prior to the scheduled
hearing or at a date determined by the Chair or an administrative law judge, if
any.
d)
All writings or electronic recordings in the
possession of either party reflecting prior statements of an identified witness
related in any way to the subject matter of the witness' expected testimony, or
to matters bearing on the witness' credibility, shall be filed with the
Commission and be produced to the opposing party no later than one week prior
to the commencement of the hearing or at a date determined by the Chair or
administrative law judge, if any. If a statement is part of notes that were
taken during the case investigation, the notes may be redacted to remove the
author's thoughts, mental impressions or other work product.
e) A
party offering testimony or evidence that has not been disclosed in accordance
with this Section has the burden to show that the evidence was not available at
the time required by this Section and that the other party has not been
unfairly prejudiced by the failure to disclose.