(a)No depositions shall be taken or interrogatories or other discovery proceeding or requests
to admit be used prior to trial in small claims except by leave of court.
(b)Motions. Except as provided in sections 2-619 and 2-1001 of the Code of Civil Procedure,
no motion shall be filed in small claims cases, without prior leave of court.
Plain-English Summary
Small claims are meant to move quickly and cheaply, so this rule keeps the pretrial machinery of ordinary litigation out unless a judge signs off. No depositions, interrogatories, other discovery, or requests to admit can be used before trial without leave of court.
Motions get the same treatment: apart from certain motions under sections 2-619 and 2-1001 of the Code of Civil Procedure, nothing can be filed in a small claim without the court’s prior permission. The point is to keep motion practice limited to what might dispose of the case, rather than letting a modest dispute turn into a fully litigated one.
Frequently Asked Questions
Can I take a deposition in a small-claims case?
Only if the court allows it first.
Are requests to admit allowed in small claims?
Only with the court’s permission.
Can I file a motion to dismiss in a small claim?
Certain motions under sections 2-619 and 2-1001 don’t need prior leave; most others do.
Why are discovery and motions so limited here?
To keep small claims quick and inexpensive, matching the modest amounts these cases involve.
Does this rule limit proceedings to collect on a judgment already entered?
No — supplementary proceedings to enforce a judgment are handled separately under Rule 277.
Committee Comments
Paragraph (a) is substantially paragraph G of former Rule 9-1, effective January 1, 1964. The restriction on discovery proceedings obviously does not apply to interrogatories in garnishment or to supplementary proceedings under Rule 277. Amended in 1992 to provide that a request to admit under Rule 216 is not to be used in small claims cases, except upon leave of court. Paragraph (b) was added in August of 1987. The basic purposes of the Supreme Court Rules applicable to small claims cases are to simplify procedures and reduce the cost of litigation. In keeping with these objectives, motions in such cases should only be permitted to the extent that the motion may be dispositive of the claim and to the extent that the trial judge, in his discretion, may allow in the interests of justice.
Amendment History
Amended June 12, 1987, effective August 1, 1987; amended April 1, 1992, effective August 1, 1992.
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:small claims discovery rulesdepositions in small claims courtmotions in small claims Illinoisleave of court small claims motionlimits on discovery small claims