Ill. R. Cir. Ct. Lake Cnty. 2-2.10

As amended through September 23, 2024

Rule 2-2.10 - Local Subpoena Rules, Pretrial Discovery

A. Upon request, the Clerk of the Circuit Court shall issue a Subpoena limited to the production of specified documents, objects or tangible things. A Subpoena, whether issued by the Clerk of Court or an attorney, shall direct the person or entity to whom the Subpoena is directed to produce the designated documents, objects or tangible things. Any item may be sought which constitutes or contains evidence relating to any of the matters within the scope of the examination permitted under the Supreme Court Rules. No oral examination of any person served or responding to a Subpoena issued pursuant to this Rule is permitted.

B. Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules. A copy of said Subpoena and Proof of Service shall be served within forty-eight hours of issuance upon all parties who have appeared in the action.

C. The recipient of a Subpoena who has actual or constructive possession or control of the specified documents, objects or tangible things sought by the Subpoena shall respond to any lawful Subpoena of which he has actual knowledge, if payment of the fee and mileage has been tendered. Service of a Subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his authorized agent by certified or registered mail at least seven days before the date on which compliance is required, and an affidavit showing that the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, with a check or money order for the fee and mileage enclosed.

The recipient of the Subpoena who has constructive or actual possession or control of the specified documents, objects or tangible things, may comply with said Subpoena, without personal appearance, by forwarding complete and legible copies, by first class, prepaid mail to the party or attorney causing the Subpoena to have been issued. The person or custodian of records of the entity responding to the Subpoena shall certify in writing that compliance is complete and accurate.

D. Any Subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said Subpoena, or conspicuously attached thereto:

YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA TO THE PARTY OR LAW FIRM WHOSE ADDRESS APPEARS BELOW. COMPLIANCE BY MAIL REQUIRES A CERTIFICATION THAT THE DOCUMENTS, OBJECTS OR TANGIBLE THINGS MAILED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY SAID SUBPOENA.

DO NOT FORWARD MATERIALS BEFORE DATE STATED ON SUBPOENA.

E. No Subpoena issued under this provision may be returnable less than seven days following its date of service. Within said seven days, any party may timely object to the Subpoena and, for good cause shown by the objecting party, the Court may quash the Subpoena, or impose such conditions or limitations as the Court deems equitable.

F. The party causing the Subpoena to be issued shall be liable to the party subpoenaed for the reasonable costs of copying or reproduction. The Court may enter such Orders as may be necessary to enforce the payment of said copying costs, or apply any sanction authorized by Supreme Court Rule 219.

Any party may request copies of all materials obtained by any party pursuant to this Rule. Expenses of copying shall be borne by the party requesting copies, and said materials shall be reproduced and forwarded to the requesting party not less than ten business days following receipt of the subpoenaed materials.

G. If a party or person unreasonably refuses to comply with this Rule, or any Order entered under this Rule, the Court may find said person or party in contempt and punish said party or person accordingly, and may impose any sanction authorized by Supreme Court Rule 219.

Ill. R. Cir. Ct. Lake Cnty. 2-2.10

Amended effective 10/24/2016.