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.

The following documents are needed to get your subpoena issued out of Cook County: Civil Action Cover Sheet, Subpoena For A Foreign Action Cover Sheet and a Cook County subpoena, and your local issued subpoena. There is a $388.00 filing fee that has to paid to Cook Co. Please email us for a detailed instructions on how to fill out the forms as well as the breakdown of all fees for service. 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.