An Illinois Subpoena is a court-issued order that requires a person or entity to appear before a court or provide testimony, documents, or other evidence related to a legal proceeding. There are three types of Illinois Subpoenas: Subpoena Ducks Cecum, Subpoena Ad Testificandum, and Subpoena Ad Testificandum and Ducks Cecum. A Subpoena Ducks Cecum requires a person or entity to produce evidence, such as documents, records, or other tangible items, for use in a proceeding. A Subpoena Ad Testificandum requires a person or entity to appear and give testimony in a proceeding. A Subpoena Ad Testificandum and Ducks Cecum requires a person or entity to appear and give testimony, as well as produce evidence. Illinois Subpoenas must be served on the person or entity named in the order, typically by a process server. The person or entity must comply with the Subpoena within the time set by the court. Failure to comply with an Illinois Subpoena may result in penalties, including fines or jail time.
Illinois Subpoena
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How to fill out Illinois Subpoena?
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FAQ
A subpoena in Illinois functions as a legal command issued by a court requiring an individual to provide testimony or produce documents. It is important to serve the subpoena properly to the individual named, and they must comply with the specified requirements. Getting familiar with how subpoenas work in the Illinois legal system can help you navigate your legal obligations with confidence.
Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.
In Illinois, under 705 ILCS 35/4.3, the witness fee is $20/day and the mileage fee is $0.20 per mile round trip. These fees apply to all civil cases and applies to criminal cases where the witness attends a hearing from a foreign county or state.
Witnesses who receive a subpoena and appear for a court proceeding are entitled to certain reimbursements. Generally, each witness receives a $40 fee for each day's attendance, parking and mileage reimbursement.
The subpoena may be delivered to the witness by the Sheriff. The cost of serving the subpoena varies depending upon the distance between the Sheriff's Office and the place where the Sheriff serves the witness. Also, the witness is entitled to advance payment of a fee plus mileage each way for necessary travel.
Expert witnesses, like other witnesses, normally are only entitled to $20 per day and $0.20 per mile of necessary travel.
A Motion to Quash a subpoena is usually the only way a person can avoid following a subpoena. If the person who received a subpoena doesn't agree that they should have to appear, permit the inspection, or provide documents as requested, they should file a Motion to Quash the subpoena.
Witnesses who receive a subpoena and appear for a court proceeding are entitled to certain reimbursements. Generally, each witness receives a $40 fee for each day's attendance, parking and mileage reimbursement.