Issuing a local subpoena (Cook Co) from an out of state case
Current as of 7/11/18
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: https://illinois.tylerhost.net/ofsweb
***Illinois Senate Bill 45 signed into law which enacts the Uniform Interstate Depositions and Discovery Act – Effective Date 1/1/2016***
Please click on the link above to read the full bill.
Cook County: Effective 7/1/18 – all documents must be e-filed. Cook County has specific instructions that must be followed: http://content.tylerhost.net/helpil/forms/cookcountyinstructions.pdf
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 $368.00 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.
DuPage County: A petition and your local subpoena you want served has to be 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.