Illinois Subpoena for Duces Tecum

State:
Illinois
Control #:
IL-SKU-0046
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PDF
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Description

Subpoena for Duces Tecum

An Illinois Subpoena for Ducks Cecum is a court order issued by a court in the state of Illinois that requires a person or entity to produce certain documents and/or other tangible items in court or to a designated location. It is commonly used to gather evidence for a civil or criminal trial. There are two types of Illinois Subpoena for Ducks Cecum: a subpoena ad testificandum and a subpoena duces tecum. A subpoena ad testificandum requires a person to testify in court or at a deposition, while a subpoena duces tecum requires the person to produce documents and/or tangible items. In either case, the recipient of the subpoena must respond by the date and time specified or face potential penalties. In Illinois, a Subpoena for Ducks Cecum must be signed by a judge, clerk or other court officer and must include the name of the court, the case or cause number, a description of the documents or items required, the date and time they must be produced, and the name and address of the person or entity to whom the documents or items must be delivered.

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FAQ

If you receive an Illinois Subpoena for Duces Tecum and prefer not to testify, you might face legal consequences. Ignoring the subpoena could lead to fines or even jail time. It is vital to consult an attorney who can help you understand your rights and options. They can guide you on how to formally challenge the subpoena if you have valid reasons.

Rule 45 in Illinois governs the procedure for issuing and enforcing subpoenas, including subpoenas for duces tecum. This rule outlines the necessary forms, timelines, and requirements for serving subpoenas within the state. Understanding Rule 45 helps ensure that you comply with all legal obligations when issuing an Illinois subpoena for duces tecum, protecting your interests during legal proceedings.

A subpoena is a legal document that commands someone to appear in court or produce evidence. In contrast, an Illinois Subpoena for Duces Tecum specifically requires a person to provide documents or evidence for a case. This means that while both documents compel action, the subpoena duces tecum focuses on obtaining physical records rather than simply requiring a court appearance. Understanding this distinction can aid in navigating the legal process effectively.

Witness fees. (a) Every witness attending in any county upon trials in the courts, except for actions arising under Article II of the Juvenile Court Act of 1987, 1 shall be entitled to receive the sum of $20 for each day's attendance and $0.20 per mile each way for necessary travel.

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.

A valid subpoena has: (1) the name of the court who issued it; (2) the caption/title of the proceeding cause of action, case number; (3) the information required for your response, and (4) be delivered in return-receipt certified or registered mail.

Expert witnesses, like other witnesses, normally are only entitled to $20 per day and $0.20 per mile of necessary travel.

Witness fees. (a) Every witness attending in any county upon trials in the courts, except for actions arising under Article II of the Juvenile Court Act of 1987, 1 shall be entitled to receive the sum of $20 for each day's attendance and $0.20 per mile each way for necessary travel.

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Illinois Subpoena for Duces Tecum