Illinois Civil Trial Subpoena Ducks Cecum: A Comprehensive Overview In Illinois civil trials, a subpoena duces tecum is a legal order issued by the court that requires a person to produce specific documents or tangible items relevant to a case. This type of subpoena is commonly used to gather crucial evidence that may aid the court in resolving the dispute at hand. Here is a detailed description of the Illinois Civil Trial Subpoena Ducks Cecum, including its purpose, procedure, and different types. Purpose: The primary objective of an Illinois Civil Trial Subpoena Ducks Cecum is to obtain important documents, records, or other physical evidence necessary for litigation. It allows one party to compel the production of specific items related to the case from a non-party witness or an entity possessing the requested materials. By utilizing this subpoena, the court aims to ensure a fair and efficient trial by providing all parties with access to relevant evidence. Procedure: The procedure for issuing an Illinois Civil Trial Subpoena Ducks Cecum typically involves the following steps: 1. Drafting the subpoena: The party seeking the subpoena must draft it carefully, including specific details such as case name, docket number, the name and contact information of the party issuing the subpoena, and a clear description of the documents or items required. 2. Filing the subpoena: The party issuing the subpoena files it with the court clerk, who then stamps it with the court's official seal. A copy of the subpoena is then served upon the recipient. 3. Serving the subpoena: The subpoena must be delivered to the recipient (usually the witness or entity in possession of the relevant materials) in compliance with the legal requirements for service of process. This may involve personal delivery, certified mail, or other approved methods. 4. Responding to the subpoena: The recipient of the subpoena must comply with its terms within the specified timeframe. They may produce the requested documents or objects, file objections if they believe the subpoena is burdensome or overreaching, or move to quash the subpoena altogether. Different Types: Within the Illinois Civil Trial Subpoena Ducks Cecum, there are two common variations that can be used depending on the nature of the requested items: 1. Subpoena Ducks Cecum for Records: This type of subpoena is frequently employed to access various records such as medical records, employment files, financial statements, contracts, or correspondence. It is aimed at acquiring specific information contained in these records for use as evidence in the trial. 2. Subpoena Ducks Cecum for Physical Items: In some cases, parties may require the production of tangible objects or items that are not easily replicable or reducible to paper format. This type of subpoena could be used to obtain items like photographs, blueprints, electronic devices, or any other physical evidence relevant to the case. In conclusion, an Illinois Civil Trial Subpoena Ducks Cecum serves as a crucial legal tool in civil litigation, allowing parties to gather essential evidence. By following the proper procedure, the relevant documents or items can be obtained, enabling a fair and just resolution of the case.
Illinois Civil Trial Subpoena Duces Tecum
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§ 2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall refuse so to do shall be guilty of a petty offense and fined any sum not to exceed $100.
(a) Any party may by written request direct any other party to produce for inspection, copying, reproduction photographing, testing or sampling specified documents, including electronically stored information as defined under Rule 201(b)(4), objects or tangible things, or to permit access to real estate for the purpose ...
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.
Rule 237 - Compelling Appearances of Witnesses at Trial (a)Service of Subpoenas. Any witness shall respond to any lawful subpoena of which he or she has actual knowledge, if payment of the fee and mileage has been tendered.
2-208. Personal service outside State. (a) Personal service of summons may be made upon any party outside the State.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
2-1301. Judgments - Default - Confession. (a) The court shall determine the rights of the parties and grant to any party any affirmative relief to which the party may be entitled on the pleadings and proofs. Judgments shall be in the form required by the nature of the case and by the recovery or relief awarded.
In Illinois, deposition subpoenas must be served on the deponent at least seven days before the date of the deposition, if the subpoena does not also seek documents from the non-party witness (Ill. S. Ct.