Legal Question in Civil Litigation in Illinois
Subpoenas for Information (Documents)
I live in Texas. I have been awarded a judgment order. I may need to subpoena records (banking information) from multiple states outside of Texas. Where do I file the initial Subpoena for information? If I file it in Texas where I live (which of course is the easiest), can I then send copies of the subpoena to individuals (or banks) in Illinois, Louisiana, Kentucky, etc. and expect compliance? Or, must I file the Subpoena for information in each state?
2 Answers from Attorneys
Re: Subpoenas for Information (Documents)
That�s a very good question. In many cases, banks conduct business in the state where a subpoena is issued even if the headquarters or records are located elsewhere. These banks are likely to comply. We�ve found that some business entities honor subpoenas for business records regardless of where the subpoena is issued.
There is more than one type of subpoena (a whole separate discussion). To enforce in Illinois a civil discovery subpoena issued outside Illinois, one must petition the circuit court where the respondent to discovery resides or does business. You can obtain only such discovery as you get in an Illinois case and must follow Illinois discovery rules.
We are not aware of what other states do. You need to direct such a question to an attorney licensed to practice in that particular state.
There�s more to consider. A personal attorney-client relation would allow you to provide more info, ask more questions, and receive more help.
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Re: Subpoenas for Information (Documents)
You haven't said whether the judgment was taken in federal or state court. In either case, the judgment will have to be entered in each state where you believe the property may be held.
Of course if the accounts are with national banks, and they have branches in Texas, you don't have to go out of state at all. Just make sure that your records subpoenas cover all the potential states.