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HB5578 Engrossed |
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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, unless the public school district or board of |
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HB5578 Engrossed |
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LRB095 16771 AJO 42807 b |
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| education or public school employee is a named party in the |
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| action. Any action that concerns a recognized collective |
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| bargaining unit of public school employees is exempt from the |
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| requirements of this subsection. The order shall provide (i) |
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| that the party tender, in addition to the required witness and |
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| mileage fee, a fee to the school district in an amount |
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| sufficient to pay the substitute teacher or other temporary |
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| staff employed during the witness's absence and (ii) that the |
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| party consult with the school district's administrator or the |
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| administrator's designee to schedule the public school |
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| employee's appearance so as to minimize disruption of the |
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| educational program. Any subpoena directed to a public school |
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| employee that fails to comply with the requirements of this |
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| subsection (b) shall be void as a 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 |