Illinois Compiled Statutes

725 ILCS 5/114-9 (2026)

Motion for a list of witnesses

✓ current as of May 2026
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(725 ILCS 5/114-9) (from Ch. 38, par. 114-9)
    Sec. 114-9. Motion for a list of witnesses.
    (a) On motion of the defendant the court shall order the State to furnish the defense with a list of prosecution witnesses and their last known addresses, except the home address of any peace officer witness shall not be required to be so furnished, the address of his assignment station being sufficient for the purposes of this statute.
    (b) The court may permit witnesses not named in an original or amended list to testify when the names of the additional witnesses were not known and could not have been obtained by the exercise of due diligence prior to trial.
    (c) The requirements of subsection (a) of this Section shall not apply to rebuttal witnesses.
(Source: P.A. 77-1428.)

    
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2005–2023 · leading case: People v. Toft, 824 N.E.2d 309 (Ill. App. Ct. 2005).
People v. Toft, 824 N.E.2d 309 (Ill. App. Ct. 2005). “Defendants who are charged with misdemeanor offenses are entitled to disclosure of certain information, such as a list of witnesses (725 ILCS 5/114-9 (West 2002)), production of a defendant's confession (725 ILCS 5/114-10 (West 2002)), and any evidence which would negate…”
People v. Vazquez, 955 N.E.2d 172 (Ill. App. Ct. 2011). “The judge said, "Understand it's my job," and defendant responded, "Yes." The judge also advised defendant that he was entitled to discovery as required by Schmidt , under which a misdemeanor defendant is entitled to "a list of witnesses [citing what is now section 114-9(a) of…”
People v. Russell, 2023 IL App (1st) 200322-U (Ill. App. Ct. 2023). · cites it 2× “Rule 412(a)(i) expands upon the disclosures required by section 114-9(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-9(a) (West 2018)), which merely requires “the State to furnish the defense with a list of prosecution witnesses and their last known…”
People v. Vazquez, 2011 IL App (2d) 91155 (Ill. App. Ct. 2011). “” The judge also advised defendant that he was entitled to discovery as required by Schmidt, under which a misdemeanor defendant is entitled to “a list of witnesses [citing what is now section 114-9(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-9(a) (West…”
— 725 ILCS 5/114-9(a) — 3 cases
People v. Vazquez, 955 N.E.2d 172 (Ill. App. Ct. 2011). “The judge said, "Understand it's my job," and defendant responded, "Yes." The judge also advised defendant that he was entitled to discovery as required by Schmidt , under which a misdemeanor defendant is entitled to "a list of witnesses [citing what is now section 114-9(a) of…”
People v. Russell, 2023 IL App (1st) 200322-U (Ill. App. Ct. 2023). “Rule 412(a)(i) expands upon the disclosures required by section 114-9(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-9(a) (West 2018)), which merely requires “the State to furnish the defense with a list of prosecution witnesses and their last known…”
People v. Vazquez, 2011 IL App (2d) 91155 (Ill. App. Ct. 2011). “” The judge also advised defendant that he was entitled to discovery as required by Schmidt, under which a misdemeanor defendant is entitled to “a list of witnesses [citing what is now section 114-9(a) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/114-9(a) (West…”
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