ILCS » Chapter 735 · Act 35
Illinois Compiled Statutes

735 ILCS 35/3 (2026)

Issuance of subpoena

✓ current as of May 2026
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(735 ILCS 35/3)
    Sec. 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 unless issuance is prohibited by Section 3.5.
    (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.
(Source: P.A. 102-1117, eff. 1-13-23.)

    
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2023 · leading case: Cascade Builders Corp. v. Rugar, 2021 IL App (1st) 192410 (Ill. App. Ct. 2021).
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Cascade Builders Corp. v. Rugar, 2021 IL App (1st) 192410 (Ill. App. Ct. 2021). “” 735 ILCS 35/3(b) (West 2018). In turn, section 6 of the Act provides that “[a]n 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 -5- No.”
Ambrose v. Consol. Commc'ns Enter. Servs., Inc., 2023 IL App (5th) 220382-U (Ill. App. Ct. 2023). “See 735 ILCS 35/3 (West 2020); Ill. S. Ct. R.”
— 735 ILCS 35/3(b) — 1 case
Cascade Builders Corp. v. Rugar, 2021 IL App (1st) 192410 (Ill. App. Ct. 2021). “” 735 ILCS 35/3(b) (West 2018). In turn, section 6 of the Act provides that “[a]n 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 -5- No.”
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