Illinois Subpoena/Subpoena Duces Tecum

State:
Illinois
Control #:
IL-SKU-4209
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PDF
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Description

Subpoena/Subpoena Duces Tecum

An Illinois Subpoena/Subpoena Ducks Cecum is a court order that requires a person or organization to appear in court and produce documents or other tangible evidence for use in a legal proceeding. It is issued by a court of law and may be issued to both individuals and businesses. There are two types of Illinois Subpoena/Subpoena Ducks Cecum: a Subpoena Ducks Cecum and a Subpoena Ad Testificandum. A Subpoena Ducks Cecum is a court order commanding a person or organization to appear in court and bring specified documents or other tangible evidence with them. A Subpoena Ad Testificandum is a court order commanding a person or organization to appear in court and testify under oath or affirmation. Both of these types of Illinois Subpoena/Subpoena Ducks Cecum must be served on the person or organization in question before they can be enforced.

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FAQ

DOCUMENT SUBPOENA (SUBPOENA DUCES TECUM) Document subpoenas for discovery must be included as part of a deposition subpoena, although the subpoena may state that appearance at the deposition will be excused if specified documents or tangible things are produced (Ill. S. Ct. R.

Once you've completed and served the subpoena, you can expect the witness to appear at your trial or hearing with the evidence you requested.

The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.

Witness fees. (a) Every witness attending in any county upon trials in the courts, except for actions arising under Article II of the Juvenile Court Act of 1987, 1 shall be entitled to receive the sum of $20 for each day's attendance and $0.20 per mile each way for necessary travel.

Subpoena ad testificandum is a subpoena commanding the appearance of a witness to give testimony while subpoena duces tecum is a subpoena commanding the production of books, documents, and other things.

A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.

Unlike a subpoena ad testificandum, which demands one appear and provide testimony, a subpoena duces tecum demands one appear and provide something physical.

There are four types of subpoenas: (1) subpoena for documents that require you to producing specific documents or items; (2) deposition subpoenas which require you attend a deposition as a witness and answer questions; (3) trial or hearing subpoena that requires you to appear at trial or hearing as a witness to testify

More info

If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. Instructions for Filling out a.Judicial Subpoena Duces Tecum with Sample Attached. A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. Orders a person who is not a party to a case to appear and testify at and bring specific documents or things to a trial or court hearing. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action. Download Form (pdf, 758. A subpoena duces tecum in a criminal case may be issued only to obtain documents or tangible things from entities that are not parties in the case. Complete the Application and the Subpoena Duces Tecum itself. Refer to A.R.S. § 12-2294.

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Illinois Subpoena/Subpoena Duces Tecum