Full Text of SB0045 99th General Assembly
SB0045enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Uniform Interstate
Depositions and Discovery Act. | 6 | | Section 2. Definitions. In this Act:
| 7 | | (1) "Foreign jurisdiction" means a state other than this | 8 | | State. | 9 | | (2) "Foreign subpoena" means a subpoena issued under | 10 | | authority of a court of record of a foreign jurisdiction.
| 11 | | (3) "Person" means an individual, corporation, business | 12 | | trust, estate, trust, partnership, limited liability company, | 13 | | association, joint venture, public corporation, government, or | 14 | | governmental subdivision, agency or instrumentality, or any | 15 | | other legal or commercial entity.
| 16 | | (4) "State" means a state of the United States, the | 17 | | District of Columbia, Puerto Rico, the United States Virgin | 18 | | Islands, a federally recognized Indian tribe, or any territory | 19 | | or insular possession subject to the jurisdiction of the United | 20 | | States.
| 21 | | (5) "Subpoena" means a document, however denominated, | 22 | | issued under authority of a court of record requiring a person | 23 | | to:
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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 | 10 | | party must submit a foreign subpoena to a clerk of court in the | 11 | | county in which discovery is sought to be conducted in this | 12 | | State. A request for the issuance of a subpoena under this Act | 13 | | does not constitute an appearance in the courts of this State.
| 14 | | (b) When a party submits a foreign subpoena to a clerk of | 15 | | court in this State, the clerk, in accordance with that court's | 16 | | procedure, shall promptly issue a subpoena for service upon the | 17 | | person 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 | 2 | | clerk of court under Section 3 must be served in compliance | 3 | | with Illinois Supreme Court Rules 204 and 237 and Section | 4 | | 2-1101 of the Code of Civil Procedure. | 5 | | Section 5. Deposition, production, and inspection. With | 6 | | respect to depositions, production
of documents or other | 7 | | tangible items, or inspections of premises, Illinois Supreme | 8 | | Court Rules 204 and 237 and Section 2-1101 of the Code of Civil | 9 | | Procedure apply to subpoenas issued under Section 3. | 10 | | Section 6. Application to court. An application to the | 11 | | court for a protective order or to enforce, quash, or modify a | 12 | | subpoena issued by a clerk of court under Section 3 must comply | 13 | | with the rules or statutes of this State and be submitted to | 14 | | the court in the county in which discovery is to be conducted. | 15 | | Section 7. Uniformity of application and construction. In | 16 | | applying and construing this uniform Act, consideration must be | 17 | | given to the need to promote uniformity of the law with respect | 18 | | to its subject matter among states that enact it. | 19 | | Section 8. Application to pending actions. This Act applies | 20 | | to
requests for discovery in cases pending on the effective | 21 | | date of this Act.
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| 1 | | Section 9. (Blank).
| 2 | | Section 9.5. Limitation. A subpoena issued under this Act | 3 | | may not require compliance outside a deponent's county of | 4 | | residence in the State of Illinois.
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