Legal Question in Civil Litigation in Illinois

My former employer is being sued by his partner in a civil suit. I have been told they need me as a witness to a trial scheduled for January in Chicago. I live in Chicago where I own a condo. However during the winter months I rent a condo in Florida and reside there. I have mail forwarded to the Florida address and do not return to the Chicago condo until March. I told the attorneys I would not appear at the trial in January since I would not be in town but they said they would subpoena me if necessary.

I understand Rule 45 of Federal Rules of Civil Procedure which governs the subpoena process allows a non-party to the trial (which is what I am) to avoid having to comply with the subpoena if I "reside" more than 100 miles from the trial's location. Does the fact I have a non refundable written lease for a condo in Florida covering the months of December thru February and plan on living there for that entire period allow me to rely on this 100 mile provision of Rule 45 to avoid attending the trial? Is Florida my "residence" during this period for purposes of Rule 45?


Asked on 10/08/15, 10:15 am

1 Answer from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

Is this a case in federal court or state court? If state court, then the federal rules of civil procedure do not apply. Further, you began by stating you live in Chicago, so Illinois is your state of residency.

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Answered on 10/09/15, 4:40 pm


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