Legal Question in Family Law in Illinois

1) What are the Illinois rules/laws on subpoena of witnesses?

2) What are the Illinois rules/laws on subpoena of documents and records in a divorce & child support case?

3) What is the appropriate legal way to serve subpoena of witnesses who are not either the parties named in a lawsuit to testify against one of the parties in this lawsuit?

4) Does this subpoena of witnesses document be sent directly to the witnesses who are not named as either of the parties in this lawsuit?

5) In such case, does a copy of this subpoena of witnesses document also need to be sent or notified to the party's attorney of record too?

6) In order to request the other party's records and documents, does a copy of of this subpoena of documents and records letter also need to be sent to ther other party's attorney of record too?

Thank you!


Asked on 2/26/13, 11:57 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

There are two types of subpoenas, trial and deposition. you need not give notice to the other side of trial subpoenas (other than your trial witnesses have to be disclosed in your answers t interrogatories). Once a deposition subpoena is served you have to notify the other side that you have served it.

To require a witness to appear in either case they must be served with a subpoena (you must include a witness fee)

The rules are no different in divorce than in any other case. You have a right to serve a subpoena for deposition to discover information relevant to your case. You have a right to serve a trial subpoena to insure your witness will appear.

The subpoena is served on the witness

See above as to notice

Depending on the records you are seeking from the third party you may need a court order before you issue the subpoena - medical records, school records by way of example.

If you want records from the other side, you do not serve a subpoena, you serve a Notice to Produce on the other atty.

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Answered on 2/27/13, 4:32 am


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