Monday, July 20, 2009

New Subpoena Form

As of June 1, 2009, subpoenas in Illinois civil actions can now be issued by attorneys. This is obviously more convenient than driving to the courthouse every time you need to issue a subpoena.

735 ILCS 5/2-1101 now provides that "An attorney admitted to practice in the State of Illinois, as an officer of the court, may also issue subpoenas on behalf of the court for witnesses and to counties in a pending action."

I am not aware of any circuit clerks that have printed new forms yet. I have heard some lawyers say that they are using the old forms, but just signing their own name on the line where the circuit clerk used to sign.

There is a new form being circulated on the ISBA email exchange which provides a spot for issuance by the clerk, or issuance by an attorney. I have modified the form to suit my personal preferences.

Here is a link to the document. Feel free to modify this form for your own use.


Matt Duco said...

Thanks. Gave it to my secretary and am sure we'll be using it.

Anonymous said...

Does this apply to Pro Se participants?

Michael W. Huseman said...

No. Only attorneys can issue their own subpoenas. Non-attorneys can still use the form that I have posted on this website, but you have to go to the clerk's office to have it issued. (There should not be a fee from the clerk).