An Illinois Subpoena is a legal document issued by an Illinois court that orders a person or entity to appear in court to produce evidence or to testify in a case. It is a binding order from a court that requires compliance. There are two types of Illinois Subpoenas: Subpoena Ducks Cecum and Subpoena Ad Testificandum. Subpoena Ducks Cecum is a court order that requires a person or entity to bring specified documents and other tangible evidence to court. It usually applies to someone who is not a party to the case but who has information pertinent to it. Subpoena Ad Testificandum is a court order that requires a person to appear in court to testify. It usually applies to someone who is a party to the case or who has knowledge of relevant facts. In order to be valid, an Illinois Subpoena must be signed by the court clerk, contain the name of the court and the names of the parties, be served to the person or entity in question, and include the date and time of the court hearing. Non-compliance with an Illinois Subpoena can result in fines or imprisonment.
Illinois Subpoena
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How to fill out Illinois Subpoena?
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FAQ
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.
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.
Expert witnesses, like other witnesses, normally are only entitled to $20 per day and $0.20 per mile of necessary travel.
In Illinois, under 705 ILCS 35/4.3, the witness fee is $20/day and the mileage fee is $0.20 per mile round trip. These fees apply to all civil cases and applies to criminal cases where the witness attends a hearing from a foreign county or state.
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.
The subpoena may be delivered to the witness by the Sheriff. The cost of serving the subpoena varies depending upon the distance between the Sheriff's Office and the place where the Sheriff serves the witness. Also, the witness is entitled to advance payment of a fee plus mileage each way for necessary travel.
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.