This form is a sample notice of defendant's intent to serve a subpoena upon a third-party.
Illinois Notice of Intent to Serve Subpoena on Nonparty - Personal Injury
State:
Multi-State
Control #:
US-PI-0314
Format:
Word;
Rich Text
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How to fill out Notice Of Intent To Serve Subpoena On Nonparty - Personal Injury?
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§ 2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall refuse so to do shall be guilty of a petty offense and fined any sum not to exceed $100.
In most jurisdictions, a non-party recipient of a documents subpoena is entitled to substantial protections from undue burden and expense. But prompt action ? usually within 14 days ? is vitally important. A non-party has three options upon receipt of a documents subpoena: object, comply, or move to quash.
In Illinois, deposition subpoenas must be served on the deponent at least seven days before the date of the deposition, if the subpoena does not also seek documents from the non-party witness (Ill.
For subpoenas seeking testimony, the place of compliance (where the testimony will be taken) must be ?within 100 miles of where the person resides, is employed, or regularly transacts business in person,? or within the state that they live.
Reasonable causes include: (1) The subpoena is too broad, unreasonable, oppressive or relates to irrelevant or immaterial matters. (2) You are not properly served. (3) No cause of action was pending before courts. (4) if you are a non-party witness, you are not paid fees in a civil case.
If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal.
The rule change allows court officers to serve a summons electronically if the defendant or respondent has an active social media, telephone number or email address, and other service means are impractical.
Rule 237 - Compelling Appearances of Witnesses at Trial (a)Service of Subpoenas. Any witness shall respond to any lawful subpoena of which he or she has actual knowledge, if payment of the fee and mileage has been tendered.