An Illinois Subpoena is a legal document issued by the court in the State of Illinois to compel a witness to appear in court and give testimony, produce documents, or both. There are two types of Illinois Subpoenas: a Subpoena Ducks Cecum, which requires the witness to bring documents to court, and a Subpoena Ad Testificandum, which requires the witness to appear and testify. An Illinois Subpoena must be served to the witness by a sheriff or another authorized process server, and the witness must be given reasonable notice before the court appearance. Failure to comply with an Illinois Subpoena can result in severe legal consequences.
Illinois Subpoena
State:
Illinois
Control #:
IL-SKU-2661
Format:
PDF
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Description
Subpoena
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FAQ
In Illinois, the time frame to respond to an Illinois Subpoena typically ranges from 14 to 30 days, depending on the court’s specific requirements. It’s important to review the subpoena carefully, as it outlines the exact timeline for your response. Failing to respond in time could result in legal consequences, so make sure to prioritize it.
Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.
Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.
A Motion to Quash a subpoena is usually the only way a person can avoid following a subpoena. If the person who received a subpoena doesn't agree that they should have to appear, permit the inspection, or provide documents as requested, they should file a Motion to Quash the subpoena.
A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.
"A valid subpoena must be issued and signed by a clerk of the court, notary public, or the justice of the peace, and must state the name of the court, state the title of the action, and be accompanied by a witness fee," she says.
Witnesses who receive a subpoena and appear for a court proceeding are entitled to certain reimbursements. Generally, each witness receives a $40 fee for each day's attendance, parking and mileage reimbursement.
Current through the 2023 Legislative Session. The service of a subpoena duces tecum is invalid unless at the time of such service a copy of the affidavit upon which the subpoena is based is served on the person served with the subpoena.