State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ]

91_SB0460ham003

 










                                           LRB9103112WHdvam02

 1                    AMENDMENT TO SENATE BILL 460

 2        AMENDMENT NO.     .  Amend Senate Bill 460,  AS  AMENDED,
 3    in  the title and in the introductory clause of Section 5, by
 4    changing "Section 5-105" each time it  appears  to  "Sections
 5    2-1101 and 5-105"; and

 6    in  Section 5, by inserting after the introductory clause the
 7    following:

 8        "(735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101)
 9        Sec. 2-1101. Subpoenas. The clerk of any court  in  which
10    an  action  is  pending  shall,  from  time  to  time,  issue
11    subpoenas  for  those  witnesses and to those counties in the
12    State as may be required by either  party.  Every  clerk  who
13    shall  refuse so to do shall be guilty of a petty offense and
14    fined any sum not to exceed $100. An order of  court  is  not
15    required  to  obtain  the issuance by the clerk of a subpoena
16    duces tecum. For good cause shown, the court  on  motion  may
17    quash  or  modify  any subpoena or, in the case of a subpoena
18    duces tecum, condition the denial of the motion upon  payment
19    in  advance  by  the  person  in whose behalf the subpoena is
20    issued of  the  reasonable  expense  of  producing  any  item
21    therein specified.
22        In  the  event  that  a  party  has  subpoenaed an expert
 
                            -2-            LRB9103112WHdvam02
 1    witness including, but not limited to physicians  or  medical
 2    providers,  and  the  expert  witness appears in court, and a
 3    conflict arises between  the  party  subpoenaing  the  expert
 4    witness  and  the expert witness over the fees charged by the
 5    expert witness, the trial  court  shall  be  advised  of  the
 6    conflict.  The trial court shall conduct a hearing subsequent
 7    to  the  testimony of the expert witness, and shall determine
 8    the reasonable fee to be paid  to  the  expert  witness,  and
 9    shall  order  payment  by the subpoenaing party to the expert
10    witness.
11    (Source: P.A. 87-418.)".

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