Rule 202.Purposes for Which Depositions May be Taken in a Pending Action
Article II. Rules on Civil Proceedings in the Trial Court · Part E. Discovery, Requests for Admission, and Pretrial Procedure · Last amended 1996 · Last verified July 20, 2026
In one sentenceRule 202 lets any party depose a witness for discovery or for trial evidence, and requires the notice to say which kind it is.
Full Text of Ill. S. Ct. R. 202
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Any party may take the testimony of any party or person by deposition upon oral examination
or written questions for the purpose of discovery or for use as evidence in the action. The notice, order, or stipulation to take a deposition shall specify whether the deposition is to be a discovery deposition or an evidence deposition. In the absence of specification a deposition is a discovery deposition only. If both discovery and evidence depositions are desired of the same witness they shall be taken separately, unless the parties stipulate otherwise or the court orders otherwise upon notice and motion. If the evidence deposition of a witness is to be taken within 21 days of trial, a discovery deposition is not permitted unless the parties stipulate otherwise or the court orders otherwise upon notice and motion.
Plain-English Summary
Illinois splits depositions into two kinds: discovery depositions, meant to find out what a witness knows, and evidence depositions, meant to preserve testimony for use at trial when the witness won't be there in person. Rule 202 requires the notice, order, or stipulation to state which one is being taken — and if it doesn't say, the law treats it as a discovery deposition only.
The rule keeps the two kinds separate. A party who wants both from the same witness has to take them one after another, unless everyone agrees otherwise or a judge orders otherwise. That separation protects a witness from being cross-examined for trial purposes before the parties have finished figuring out what the witness knows.
One exception tightens things up near trial: if the evidence deposition is set within 21 days of trial, a discovery deposition of that witness is off the table unless the parties stipulate to it or the court orders it, closing off the practice of forcing a last-minute discovery session before testimony gets locked in for the courtroom.
Frequently Asked Questions
What's the difference between a discovery deposition and an evidence deposition in Illinois?
A discovery deposition explores what a witness knows; an evidence deposition preserves testimony for use at trial in place of live testimony.
What happens if a deposition notice doesn't say which type it is?
The law defaults to treating it as a discovery deposition only.
Can a party take both a discovery and an evidence deposition of the same witness?
Yes, but they must be taken separately unless the parties stipulate otherwise or the court allows it.
Can a party still insist on a discovery deposition close to trial?
Not without agreement or a court order — if the evidence deposition is scheduled within 21 days of trial, a discovery deposition of that witness is barred unless the parties stipulate to it or the court allows it.
Can a deposition be used for both discovery and trial evidence purposes?
Only if it's properly noticed as an evidence deposition, or the parties agree; a plain discovery deposition has more limited uses at trial under Rule 212.
Committee Comments
This rule is former Rule 19 with minor language changes but no changes of substance. The rule preserves the distinction that has been made in Illinois between a deposition taken for discovery purposes and one taken for evidence. See Rule 212, dealing with the use of discovery depositions and evidence depositions at the trial. Pursuant to the amended language of this rule, an evidence deposition may be taken within 21 days of trial without a discovery deposition. This change is to ensure that there will no longer be delays in commencing a trial because an attorney wanted a separate discovery deposition prior to taking an evidence deposition shortly before trial without leave of court or stipulation.
Amendment History
Amended June 1, 1995, effective January 1, 1996.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:discovery depositionevidence depositiondeposition purposedeposition noticetaking a deposition