04 Jan 2016

Issuing a local subpoena (Cook Co) from an out of state case

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Current as of 7/7/2021

All Illinois counties require that your documents be e-filed. Illinois does not allow 3rd party vendors to do the e-filing on behalf of attorneys. You must establish an account through a state certified vendor. Our suggestion is to use the free option that can be found HERE.

Cook County: Effective 7/1/18 – all documents must be e-filed. Cook County has specific instructions that must be followed: Cook County Instructions.

There are 3 documents that are needed to get your case filed. Please contact us and we will email them directly to you as Cook Co removed the forms from their website. There is a $388.00 filing fee that has to paid to Cook Co. The Cook County Bar Association has a good informational page as well that you can view here.

DuPage County: A petition and your local subpoena you want served has to be e-filed. There is no filing fee to the court. Email our office for an example petition.

Kane County: A new case filing sheet and a Kane Co subpoena for records/deposition or subpoena/subpoena duces tecum is needed. There is no filing fee to the court.

Will County: A petition needs to be filed along with your local subpoena and a Will County subpoena.  No filing fee to the court.

Lake County: As of 7/1/18, they are still letting us file the subpoena at the counter. We need 2 or more copies of the subpoena you want served. Clerk will stamp your subpoena. No other documentation needed. No filing fee to the court.

Kendall County: A petition and a Kendall County subpoena form is needed. There is a $244.00 filing fee.

Service of subpoena (section 4 of the Uniform Interstate Depositions and Discovery Act) states:
A subpoena issued by a clerk of court under Section 3 must be served in compliance
with Illinois Supreme Court Rules 204 and 237 and Section
2-1101 of the Code of Civil Procedure

Important Notes:

Discovery depositions of non-party physicians see Illinois Supreme Court Rule 204(c).

Witness fees in Illinois are $20 (for records only) and $20 plus return mileage at $0.20 cents per mile (round trip) for deposition appearances. Click here to read the statute.

Also note that physicians are entitled to a reasonable fee for copying records under ILCS 735 ILCS 5/8-2006. These fees change with inflation each year. Currently a handling charge of $26.58 in addition to “per page” charges ranging from $0.25 to $1.66 are in effect as of 2014. The updated rates can be found at the Illinois Comptroller’s web site.