Ill. Admin. Code tit. 74, § 790.155 - Subpoenas
a) The Court may
issue subpoenas through the Chief Justice or one of its Judges or Commissioners
to require attendance of witnesses for the purpose of testifying before it, any
Judge of the Court, any notary public, or any of its Commissioners, and to
require the production of any books, records, papers or documents that may be
material or relevant as evidence in any matter pending before it. If any person
refuses to comply with any subpoenas issued in the name of the Chief Justice,
or one of the Judges or Commissioners, attested to by the Clerk, with the seal
of the Court attached, and served upon the person named in the subpoena, as a
summons in a civil action is served, the circuit court of the proper county, on
application of the party at whose instance the subpoena was issued, shall
compel obedience by attachment proceedings, as for contempt, as in a case of a
disobedience of the requirements of a subpoena from the circuit court on a
refusal to testify.
b) The Clerk of
the Court of Claims, when an action is pending, shall, from time to time, issue
subpoenas on behalf of the Chief Justice, the Judges or Commissioners, for
those witnesses and to those counties in the States as may be required by the
attorneys or either party.
c) Every
subpoena shall:
1) state that it is issued by
the Court of Claims; and
2) state
the title of the action and its civil action number; and
3) command each person to whom it is directed
to attend and give testimony or to produce or permit inspection and copying of
designated books, documents or tangible things in the possession, custody or
control of that person. A command to produce evidence shall be joined with a
command to appear at trial or hearing or at deposition.
d) The Clerk may issue subpoenas on behalf of
a party requesting issuance provided that there is a valid request to the Clerk
indicating the information to be subpoenaed. An attorney of record may also
issue and sign a subpoena on a form provided by the Clerk.
e) Prior notice of any subpoena for
production of documents and things before trial shall be served on each party
by mailing or delivering written notice to the other parties to the action, or
their attorneys, at the last known address of the attorney or party, with proof
of service filed with the Clerk.
f)
A party or an attorney responsible for the issuance and service of a subpoena
shall take reasonable steps to avoid imposing undue burden or expense on a
person subject to a subpoena. The Court shall enforce this duty and impose upon
the party or attorney in breach of this duty an appropriate sanction, including
being held in default, debarred from filing any other pleading or maintaining
any claim or defense.
Notes
Added at 24 Ill. Reg. 8228, effective July 1, 2000
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.