A subpoena duces tecum, commonly referred to as a "subpoena for production of documents," is a legal document that commands an individual or entity to produce specific documents or evidence relevant to a pending court case. In the state of Illinois, these subpoenas are governed by the Illinois Code of Civil Procedure. One example of a subpoena duces tecum in Illinois is when a party involved in a personal injury lawsuit seeks to obtain medical records, employment records, or any other relevant documents relating to their claim. By issuing a subpoena duces tecum, the injured party ensures that the opposing party or a third party, such as a medical provider or employer, provides the requested documents, which can be crucial in proving their case. Another example of a subpoena duces tecum in Illinois is when a prosecutor seeks to gather evidence in a criminal case. This could include requesting phone records, financial records, or other documents that may be key in establishing guilt or innocence. In Illinois, there are no specific types of subpoena duces tecum designated by name, as the term generally refers to any request for documents or evidence. However, the content and scope of a subpoena duces tecum may vary depending on the type of case and the information sought. It's important to note that a subpoena duces tecum must comply with the Illinois Code of Civil Procedure, which outlines the specific requirements for its issuance and service. These requirements may include providing proper notice to the recipient, stating the purpose of the request, and specifying the documents or evidence sought. In conclusion, a subpoena duces tecum example in Illinois involves the request for specific documents or evidence relevant to a court case. Whether it is in a personal injury lawsuit or a criminal case, this legal tool ensures that the necessary information is obtained to support the claims made by the parties involved.
Subpoena Duces Tecum Example With Illinois
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Common grounds for objecting to a third-party subpoena for documents include: Improper service. Improper issuance. Vague, ambiguous, and unreasonable requests. Insufficient time to reply. Disclosure of privileged or confidential information. Disclosure of trade secrets. Undue burden or expense. Inaccessible data.
For example, if you are being investigated for a federal crime and investigators believe there is evidence on your computer, they may serve you with a subpoena duces tecum ordering you to produce the computer for inspection.
If served with a subpoena duces tecum to produce documents or materials at a deposition, a witness may file a written objection to the inspection or copying of such documents. If an objection is made, the party issuing the subpoena may not inspect or copy the materials except upon a court order.
630/629-3776 ? Fax 630/629-3940. Page 2. (1) Subpoena for Documents. A subpoena requiring the production of documents is generally referred to as a subpoena duces tecum. It is usually issued at the request of a party in a court or administrative proceeding.
You must complete the face of the subpoena by filling in the caption of the case as well as the name and address of the witness. The subpoena may be delivered to the witness by the Sheriff.