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Public Act 099-0079


 

Public Act 0079 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0079
 
SB0045 EnrolledLRB099 00241 HEP 20246 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Uniform Interstate Depositions and Discovery Act.
 
    Section 2. Definitions. In this Act:
    (1) "Foreign jurisdiction" means a state other than this
State.
    (2) "Foreign subpoena" means a subpoena issued under
authority of a court of record of a foreign jurisdiction.
    (3) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government, or
governmental subdivision, agency or instrumentality, or any
other legal or commercial entity.
    (4) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, a federally recognized Indian tribe, or any territory
or insular possession subject to the jurisdiction of the United
States.
    (5) "Subpoena" means a document, however denominated,
issued under authority of a court of record requiring a person
to:
        (A) attend and give testimony at a deposition;
        (B) produce and permit inspection and copying of
    designated books, documents, records, electronically
    stored information, or tangible things in the possession,
    custody, or control of the person; or
        (C) permit inspection of premises under the control of
    the person.
 
    Section 3. Issuance of subpoena.
    (a) To request issuance of a subpoena under this Section, a
party must submit a foreign subpoena to a clerk of court in the
county in which discovery is sought to be conducted in this
State. A request for the issuance of a subpoena under this Act
does not constitute an appearance in the courts of this State.
    (b) When a party submits a foreign subpoena to a clerk of
court in this State, the clerk, in accordance with that court's
procedure, shall promptly issue a subpoena for service upon the
person to which the foreign subpoena is directed.
    (c) A subpoena under subsection (b) must:
        (A) incorporate the terms used in the foreign subpoena;
    and
        (B) contain or be accompanied by the names, addresses,
    and telephone numbers of all counsel of record in the
    proceeding to which the subpoena relates and of any party
    not represented by counsel.
 
    Section 4. Service of subpoena. A subpoena issued by a
clerk of court under Section 3 must be served in compliance
with Illinois Supreme Court Rules 204 and 237 and Section
2-1101 of the Code of Civil Procedure.
 
    Section 5. Deposition, production, and inspection. With
respect to depositions, production of documents or other
tangible items, or inspections of premises, Illinois Supreme
Court Rules 204 and 237 and Section 2-1101 of the Code of Civil
Procedure apply to subpoenas issued under Section 3.
 
    Section 6. Application to court. An application to the
court for a protective order or to enforce, quash, or modify a
subpoena issued by a clerk of court under Section 3 must comply
with the rules or statutes of this State and be submitted to
the court in the county in which discovery is to be conducted.
 
    Section 7. Uniformity of application and construction. In
applying and construing this uniform Act, consideration must be
given to the need to promote uniformity of the law with respect
to its subject matter among states that enact it.
 
    Section 8. Application to pending actions. This Act applies
to requests for discovery in cases pending on the effective
date of this Act.
 
    Section 9. (Blank).
 
    Section 9.5. Limitation. A subpoena issued under this Act
may not require compliance outside a deponent's county of
residence in the State of Illinois.

Effective Date: 1/1/2016