Illinois General Assembly - Full Text of Public Act 095-1033
Illinois General Assembly

Previous General Assemblies

Public Act 095-1033




Public Act 095-1033
HB4119 Enrolled LRB095 12613 AJO 37888 b

    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 admitted to practice in the State of
Illinois, as an officer of the court, may also issue subpoenas
on behalf of the court 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.)

Effective Date: 6/1/2009