Illinois Motion to Quash a Subpoena

Introduction

Key Things to Know

1. 1

   Illinois uses its own statute, 735 ILCS 5/2-1101: for good cause shown, the court on motion may quash or modify any subpoena. Never simply ignore a subpoena; ask the court to quash or modify it.

2. 2

   This page states no fixed deadline to move to quash. Do not wait: raise the issue with the issuing side and the court before the date set for compliance.

3. 3

   Good cause is the statutory standard. Ill. S. Ct. R. 201(c)(1) lets any party or a witness move for a protective order, as justice requires, to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression. Rule 201(c)(3) adds proportionality.

4. 4

   Rule 201(k) applies to every discovery motion: it must include a statement that counsel, after personal consultation and reasonable attempts to resolve differences over discovery, could not reach an accord.

5. 5

   For a subpoena duces tecum, 2-1101 lets the court condition denial of the motion on advance payment, by the person for whom the subpoena was issued, of the reasonable expense of producing the items listed.

6. 6

   A subpoena from another state goes through the Uniform Interstate Depositions and Discovery Act (735 ILCS 35/1 et seq.) and Rule 204(b)(2) and Rule 17: the clerk of the circuit court in the county where discovery is sought issues it.

7. 7

   Related timing rules: a subpoena for production in lieu of a deposition must be attached to the notice and filed with the court not less than 14 days before the deposition (Rule 204(a)(4)). Mail service is proved by delivery at least seven days before the appearance (Rule 204(a)(2)).

Illinois Requirements for Motion to Quash

• Do Not Ignore the Subpoena

  Do not ignore a subpoena; on motion, the court may quash or modify it for good cause shown (735 ILCS 5/2-1101).

• Quash or Modify for Good Cause Shown

  On motion, the court may quash or modify any subpoena for good cause shown (735 ILCS 5/2-1101).

• Rule 201(c) Protective Order Grounds

  A party or witness may seek a protective order to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression, with proportionality under Rule 201(c)(3) (Ill. S. Ct. R. 201(c)).

• Rule 201(k) Consultation Statement

  Every discovery motion must state that counsel, after personal consultation and reasonable attempts to resolve differences, could not reach an accord (Ill. S. Ct. R. 201(k)).

• Production Expense Condition

  For a subpoena duces tecum, the court may condition denial of the motion on advance payment, by the person in whose behalf the subpoena is issued, of the reasonable expense of producing the items specified (735 ILCS 5/2-1101).

• UIDDA Foreign Subpoenas

  A foreign subpoena is issued by the clerk of the circuit court in the county where discovery is sought (Ill. S. Ct. R. 204(b)(2), Rule 17; 735 ILCS 35/1 et seq.).

• Records-in-Lieu Filing Timing

  A subpoena for production in lieu of deposition must be attached to the notice and filed with the court not less than 14 days before the deposition (Ill. S. Ct. R. 204(a)(4)).

• Nonparty Noncompliance and Physician Depositions

  Body attachment of a nonparty requires personal service of a rule to show cause (Rule 204(d)); nonparty physician discovery depositions only by agreement and consent or under a subpoena issued on order of court (Rule 204(c)).