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| Public Act 099-0079 | ||||
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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 1. Short title. This Act may be cited as the | ||||
Uniform Interstate
Depositions and Discovery Act. | ||||
Section 2. Definitions. In this Act:
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(1) "Foreign jurisdiction" means a state other than this | ||||
State. | ||||
(2) "Foreign subpoena" means a subpoena issued under | ||||
authority of a court of record of a foreign jurisdiction.
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(3) "Person" means an individual, corporation, business | ||||
trust, estate, trust, partnership, limited liability company, | ||||
association, joint venture, public corporation, government, or | ||||
governmental subdivision, agency or instrumentality, or any | ||||
other legal or commercial entity.
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(4) "State" means a state of the United States, the | ||||
District of Columbia, Puerto Rico, the United States Virgin | ||||
Islands, a federally recognized Indian tribe, or any territory | ||||
or insular possession subject to the jurisdiction of the United | ||||
States.
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(5) "Subpoena" means a document, however denominated, | ||||
issued under authority of a court of record requiring a person | ||||
to:
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(A) attend and give testimony at a deposition;
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(B) produce and permit inspection and copying of | ||
designated books, documents, records, electronically | ||
stored information, or tangible things in the possession, | ||
custody, or control
of the person; or
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(C) permit inspection of premises under the control of | ||
the person.
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Section 3. Issuance of subpoena. | ||
(a) To request issuance of a subpoena under this Section, a | ||
party must submit a foreign subpoena to a clerk of court in the | ||
county in which discovery is sought to be conducted in this | ||
State. A request for the issuance of a subpoena under this Act | ||
does not constitute an appearance in the courts of this State.
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(b) When a party submits a foreign subpoena to a clerk of | ||
court in this State, the clerk, in accordance with that court's | ||
procedure, shall promptly issue a subpoena for service upon the | ||
person to which the foreign subpoena is directed.
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(c) A subpoena under subsection (b) must: | ||
(A) incorporate the terms used in the foreign subpoena; | ||
and
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(B) contain or be accompanied by the names, addresses, | ||
and telephone numbers of all counsel of record in the | ||
proceeding to which the subpoena relates and of any party | ||
not represented by counsel.
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Section 4. Service of subpoena. A subpoena issued by a | ||
clerk of court under Section 3 must be served in compliance | ||
with Illinois Supreme Court Rules 204 and 237 and Section | ||
2-1101 of the Code of Civil Procedure. | ||
Section 5. Deposition, production, and inspection. With | ||
respect to depositions, production
of documents or other | ||
tangible items, or inspections of premises, Illinois Supreme | ||
Court Rules 204 and 237 and Section 2-1101 of the Code of Civil | ||
Procedure apply to subpoenas issued under Section 3. | ||
Section 6. Application to court. An application to the | ||
court for a protective order or to enforce, quash, or modify a | ||
subpoena issued by a clerk of court under Section 3 must comply | ||
with the rules or statutes of this State and be submitted to | ||
the court in the county in which discovery is to be conducted. | ||
Section 7. Uniformity of application and construction. In | ||
applying and construing this uniform Act, consideration must be | ||
given to the need to promote uniformity of the law with respect | ||
to its subject matter among states that enact it. | ||
Section 8. Application to pending actions. This Act applies | ||
to
requests for discovery in cases pending on the effective | ||
date of this Act.
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Section 9. (Blank).
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Section 9.5. Limitation. A subpoena issued under this Act | ||
may not require compliance outside a deponent's county of | ||
residence in the State of Illinois.
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