State of Illinois
91st General Assembly
Legislation

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91_HB1403

 
                                               LRB9101711KScs

 1        AN ACT to amend the Code of Civil Procedure  by  changing
 2    Section 2-1101.

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

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

 7        (735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101)
 8        Sec.  2-1101.  Subpoenas. The clerk of any court in which
 9    an  action  is  pending  shall,  from  time  to  time,  issue
10    subpoenas for those witnesses and to those  counties  in  the
11    State  as  may  be  required by either party. Every clerk who
12    shall refuse so to do shall be guilty of a petty offense  and
13    fined  any  sum  not to exceed $100. An order of court is not
14    required to obtain the issuance by the clerk  of  a  subpoena
15    duces  tecum.  For  good cause shown, the court on motion may
16    quash or modify any subpoena or, in the case  of  a  subpoena
17    duces  tecum, condition the denial of the motion upon payment
18    in advance by the person in  whose  behalf  the  subpoena  is
19    issued  of  the  reasonable  expense  of  producing  any item
20    therein specified.
21        In the event  that  a  party  has  subpoenaed  an  expert
22    witness  including,  but not limited to physicians or medical
23    providers, and the expert witness appears  in  court,  and  a
24    conflict  arises  between  the  party  subpoenaing the expert
25    witness and the expert witness over the fees charged  by  the
26    expert  witness,  the  trial  court  shall  be advised of the
27    conflict.  The trial court shall conduct a hearing subsequent
28    to the testimony of the expert witness, and  shall  determine
29    the  reasonable  fee  to  be  paid to the expert witness, and
30    shall order payment by the subpoenaing party  to  the  expert
31    witness. (Source: P.A. 87-418.)

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