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Full Text of SB0045  99th General Assembly

SB0045enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB0045 EnrolledLRB099 00241 HEP 20246 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Uniform Interstate Depositions and Discovery Act.
 
6    Section 2. Definitions. In this Act:
7    (1) "Foreign jurisdiction" means a state other than this
8State.
9    (2) "Foreign subpoena" means a subpoena issued under
10authority of a court of record of a foreign jurisdiction.
11    (3) "Person" means an individual, corporation, business
12trust, estate, trust, partnership, limited liability company,
13association, joint venture, public corporation, government, or
14governmental subdivision, agency or instrumentality, or any
15other legal or commercial entity.
16    (4) "State" means a state of the United States, the
17District of Columbia, Puerto Rico, the United States Virgin
18Islands, a federally recognized Indian tribe, or any territory
19or insular possession subject to the jurisdiction of the United
20States.
21    (5) "Subpoena" means a document, however denominated,
22issued under authority of a court of record requiring a person
23to:

 

 

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1        (A) attend and give testimony at a deposition;
2        (B) produce and permit inspection and copying of
3    designated books, documents, records, electronically
4    stored information, or tangible things in the possession,
5    custody, or control of the person; or
6        (C) permit inspection of premises under the control of
7    the person.
 
8    Section 3. Issuance of subpoena.
9    (a) To request issuance of a subpoena under this Section, a
10party must submit a foreign subpoena to a clerk of court in the
11county in which discovery is sought to be conducted in this
12State. A request for the issuance of a subpoena under this Act
13does not constitute an appearance in the courts of this State.
14    (b) When a party submits a foreign subpoena to a clerk of
15court in this State, the clerk, in accordance with that court's
16procedure, shall promptly issue a subpoena for service upon the
17person to which the foreign subpoena is directed.
18    (c) A subpoena under subsection (b) must:
19        (A) incorporate the terms used in the foreign subpoena;
20    and
21        (B) contain or be accompanied by the names, addresses,
22    and telephone numbers of all counsel of record in the
23    proceeding to which the subpoena relates and of any party
24    not represented by counsel.
 

 

 

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1    Section 4. Service of subpoena. A subpoena issued by a
2clerk of court under Section 3 must be served in compliance
3with Illinois Supreme Court Rules 204 and 237 and Section
42-1101 of the Code of Civil Procedure.
 
5    Section 5. Deposition, production, and inspection. With
6respect to depositions, production of documents or other
7tangible items, or inspections of premises, Illinois Supreme
8Court Rules 204 and 237 and Section 2-1101 of the Code of Civil
9Procedure apply to subpoenas issued under Section 3.
 
10    Section 6. Application to court. An application to the
11court for a protective order or to enforce, quash, or modify a
12subpoena issued by a clerk of court under Section 3 must comply
13with the rules or statutes of this State and be submitted to
14the court in the county in which discovery is to be conducted.
 
15    Section 7. Uniformity of application and construction. In
16applying and construing this uniform Act, consideration must be
17given to the need to promote uniformity of the law with respect
18to its subject matter among states that enact it.
 
19    Section 8. Application to pending actions. This Act applies
20to requests for discovery in cases pending on the effective
21date of this Act.
 

 

 

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1    Section 9. (Blank).
 
2    Section 9.5. Limitation. A subpoena issued under this Act
3may not require compliance outside a deponent's county of
4residence in the State of Illinois.