Illinois
The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Illinois:
The party seeking the subpoena must comply with the following state statutes:
Click here for Illinois Out of State deposition (Rule 204(b)
(Adopted Uniform Interstate Depositions and Discovery Act as of 1/1/2016.)
Serving the subpoena
Click here for Illinois Rule 204 (a)(2)
Illinois court subpoena form:
Required Steps:
- A party must submit a foreign subpoena to a clerk of the court in the Illinois county in which discovery is sought. A request for the issuance of a subpoena does not constitute an appearance in the courts of Illinois.
- The clerk will issue a subpoena for service upon the person to which the foreign subpoena is directed. It must incorporate the terms used in the foreign subpoena and contain 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.
- Check the fee to issue a subpoena, as it differs by county. Click the county link found on this page.
- Note that counties may have additional local requirements as well.
Witness fees:
As per Illinois code 705 ILCS 35/4.3, witness fees are $20.00 per day and .20 per mile for both to and from the court.
Notice time:
As per Section 237 of the Illinois Rules, at least 7 days notice is required to notify a witness for appearance at trial or deposition.
Notice to adverse parties:
Not required.