This form is a sample subpoena seeking documents, served upon a non-party to the action.
Illinois Subpoena for Documents to a Nonparty
State:
Multi-State
Control #:
US-PI-0315
Format:
Word;
Rich Text
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How to fill out Subpoena For Documents To A Nonparty?
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FAQ
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.
§ 2-1101. 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.
In most jurisdictions, a non-party recipient of a documents subpoena is entitled to substantial protections from undue burden and expense. But prompt action ? usually within 14 days ? is vitally important. A non-party has three options upon receipt of a documents subpoena: object, comply, or move to quash.
220 ILCS 5/10-106. 5. A motion to quash a subpoena will be granted ?for good cause shown,? including, without limitation, ?a showing that the subpoena is unreasonable or oppressive or relates to irrelevant or immaterial matters.? 83 Ill.
If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal.
Reasonable causes include: (1) The subpoena is too broad, unreasonable, oppressive or relates to irrelevant or immaterial matters. (2) You are not properly served. (3) No cause of action was pending before courts. (4) if you are a non-party witness, you are not paid fees in a civil case.
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.
Generally, a valid subpoena will: (1) State the name of the court or administrative body that issued it. (2) State the caption/title of the proceeding along with the case number. (3) Provide the witness with the information necessary to allow an adequate response.