HB4119 95TH GENERAL ASSEMBLY

LRB095 12613 AJO 37888 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4119

Introduced , by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1101

from Ch. 110, par. 2-1101

Amends the Code of Civil Procedure. Provides that an attorney, as an officer of the court, may issue subpoenas on behalf of a clerk for witnesses and to counties in a pending action (instead of limiting the issuance of subpoenas to court clerks).

A BILL FOR

AN ACT concerning civil law.

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

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

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

Sec. 2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall refuse so to do shall be guilty of a petty offense and fined any sum not to exceed $100. An attorney, as an officer of the court, may also issue subpoenas on behalf of the clerk for witnesses and to counties in a pending action. An order of court is not required to obtain the issuance by the clerk or by an attorney of a subpoena duces tecum. For good cause shown, the court on motion may quash or modify any subpoena or, in the case of a subpoena duces tecum, condition the denial of the motion upon payment in advance by the person in whose behalf the subpoena is issued of the reasonable expense of producing any item therein specified.

In the event that a party has subpoenaed an expert witness including, but not limited to physicians or medical providers, and the expert witness appears in court, and a conflict arises between the party subpoenaing the expert witness and the expert witness over the fees charged by the expert witness, the trial court shall be advised of the conflict. The trial court shall conduct a hearing subsequent to the testimony of the expert witness and shall determine the reasonable fee to be paid to the expert witness.

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