State of Illinois
92nd General Assembly

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 1        AN ACT concerning civil procedure.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Code  of Civil Procedure is amended by
 5    changing Section 2-1101 as follows:

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

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