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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4119
Introduced , by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-1101 |
from Ch. 110, par. 2-1101 |
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Amends the Code of Civil Procedure. Provides that an attorney, as an officer of the court, may issue subpoenas on behalf of a clerk for witnesses and to counties in a pending action (instead of limiting the issuance of subpoenas to court clerks).
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A BILL FOR
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HB4119 |
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LRB095 12613 AJO 37888 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Section 2-1101 as follows:
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| (735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101)
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| Sec. 2-1101. Subpoenas. The clerk of any court in which an |
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| action is pending shall, from time
to time, issue subpoenas for |
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| those witnesses and to those counties in
the State as may be |
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| required by either party. Every clerk who shall
refuse so to do |
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| shall be guilty of a petty offense and fined any sum not
to |
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| exceed $100. An attorney, as an officer of the court, may also |
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| issue subpoenas on behalf of the clerk for witnesses and to |
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| counties in a pending action. An order of court is not required |
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| to obtain the issuance
by the clerk or by an attorney of a |
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| subpoena duces tecum. For good cause shown, the court
on motion |
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| may quash or modify any subpoena or, in the case of a subpoena
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| duces tecum, condition the denial of the motion upon payment in |
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| advance
by the person in whose behalf the subpoena is issued of |
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| the reasonable
expense of producing any item therein specified.
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| In the event that a party has subpoenaed an expert witness |
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| including,
but not limited to physicians or medical providers, |
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| and the expert witness
appears in court, and a conflict arises |