Legal Question in Civil Litigation in Illinois
I'm a Pro Se plaintiff:
(1) I have a supeona form and would like to get copies of documentation from the defendant, i.e. accident report, video, photos or any other evidence that the defendant may have been to substantiate their case during a slip and fall accident.
(2) Does the supoena need to go through the Clerk's Office?
(3) Can I mail it to the defendant on my own with a Certified sitcker from the P.O.?
Thank you...
1 Answer from Attorneys
Are you sure you are the plaintiff?
Plaintiff is the person who files the lawsuit-and who is injured.
Defendant is the person against whom the lawsuit has been filed.
Defendant does not have to substantiate anything. It is the Plaintiff's responsibility to prove his/her case.
Further, if this is a small claims court, there is no discovery allowed unless you get permission from the court. If this case is anything other than smalls claim, you have the right to request documents and have the other side answer questions pursuant to supreme court rule 213 and 214. No need for a subpoena.
If you are the defendant and had insurance at the time of the event, you should report the lawsuit to your insurance ASAP so they can come in and defend you.
If you are in fact the Plaintiff, then you need to get yourself an attorney.
Good luck.
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