95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5578


 
Introduced , by Rep. Frank J. Mautino
 
SYNOPSIS AS INTRODUCED:
 		














735 ILCS 5/2-1101
  from Ch. 110, par. 2-1101







    Amends the Code of Civil Procedure.  Provides that a party seeking to subpoena a public school employee to testify during school hours must obtain a court order.  Provides that the order shall provide that the party tender, in addition to the required witness and mileage fee, a fee to the school district to pay the substitute teacher or other temporary staff employed during the witness's absence and consult with the school district to schedule the appearance to minimize disruption of the educational program. Provides that any subpoena of a public school employee that does not meet these requirements is void as a matter of law. Provides that if a conflict arises over the fees for a subpoenaed public school employee, the court shall determine the fee. Effective immediately.
















LRB095 16771 AJO 42807 b

















 


 


A BILL FOR









 











HB5578

LRB095 16771 AJO 42807 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Civil Procedure is amended  by 
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changing Section 2-1101 as follows:
 



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    (735 ILCS 5/2-1101)  (from Ch. 110, par. 2-1101)



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    Sec. 2-1101. Subpoenas. 
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    (a) The clerk of any court in which an action is pending 
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shall, from time
to time, issue subpoenas for those witnesses 
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and to those counties in
the State as may be required by either 
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party. Every clerk who shall
refuse so to do shall be guilty of 
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a petty offense and fined any sum not
to exceed $100. An order 
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of court is not required to obtain the issuance
by the clerk of 
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a subpoena duces tecum. For good cause shown, the court
on 
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motion may quash or modify any subpoena or, in the case of a 
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subpoena
duces tecum, condition the denial of the motion upon 
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payment in advance
by the person in whose behalf the subpoena 
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is issued of the reasonable
expense of producing any item 
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therein specified.
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    (b)  Any party who desires to compel the appearance of a 
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public school employee to testify during school hours must 
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first obtain an order of court authorizing the issuance of the 
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subpoena. The order shall provide (i) that the party tender, in 
 


 






HB5578
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LRB095 16771 AJO 42807 b




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addition to the required witness and mileage fee, a fee to the 
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school district in an amount sufficient to pay the substitute 
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teacher or other temporary staff employed during the witness's 
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absence and (ii) that the party consult with the school 
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district's administrator or the administrator's designee to 
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schedule the public school employee's appearance so as to 
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minimize disruption of the educational program.  Any subpoena 
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directed to a public school employee that fails to comply with 
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the requirements of this subsection (b) shall be void as a 
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matter of law. 

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    (c) In the event that a party has subpoenaed a public 
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school employee or an expert witness including,
but not limited 
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to physicians or medical providers, and the expert witness

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appears in court, and a conflict arises between the party 
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subpoenaing the
expert witness and the expert witness over the 
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fees charged for the appearance by the expert
witness, the 
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trial court shall be advised of the conflict.  The trial court

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shall conduct a hearing subsequent to the testimony of the 
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expert witness
and shall determine the reasonable fee to be 
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paid to the expert witness.

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(Source: P.A. 87-418.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.