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Illinois Compiled Statutes

735 ILCS 5/2-1101 (2026)

Subpoenas

✓ current as of May 2026
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(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. 95-1033, eff. 6-1-09.)

    
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1996–2026 · leading case: Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2013).
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Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2013). “” 735 ILCS 5/2-1101 (West 2010). We review a circuit court’s decision to quash a subpoena for abuse 7 Among the authorities defendants cite on this point are deposition rules for internal administrative hearings conducted by the Illinois Auditor General.”
People v. Nohren, 670 N.E.2d 1208 (Ill. App. Ct. 1996). “That section states only that "[i]t is the duty of the clerk of the court to issue subpoenas, either on the part of the people or of the accused.”
Kissoon v. Vlcek, 2022 IL App (1st) 210488 (Ill. App. Ct. 2022). “He noted that both section 2-1101 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1101 (West 2018)) and Illinois Supreme Court Rule 204(a)(4) (eff.”
In re Commitment of Clark, 2014 IL App (1st) 133040 (Ill. App. Ct. 2014). · cites it 3× “Respondent argues that because the Civil Practice Law allows subpoenas to be issued in pending cases (735 ILCS 5/2-1101 (West 2008)) and discovery to be conducted as soon as all defendants have appeared in the case (Ill.”
Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-1101 (West 2010). We review a circuit court’s decision to quash a subpoena for abuse of discretion.”
In re Commitment of Clark, 2014 IL App (1st) 133040 (Ill. App. Ct. 2014). · cites it 3× “Respondent argues that because the Civil Practice Law allows subpoenas to be issued in pending cases (735 ILCS 5/2-1101 (West 2008)) and discovery to be conducted as soon as all defendants have appeared in the case (Ill.”
Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-1101 (West 2010). We review a circuit court’s decision to quash a subpoena for abuse of discretion.”
Ambrose v. Consol. Commc'ns Enter. Servs., Inc., 2023 IL App (5th) 220382-U (Ill. App. Ct. 2023). · cites it 3× “¶ 12 On March 28, 2022, Jamie Doe (Doe) filed a petition to intervene in the Coles County action, along with a motion to dismiss the Rule 224 petition under section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2020)), and a motion to quash the subpoena…”
Castaneda-Flores v. Schreiber, 2026 IL App (2d) 250138-U (Ill. App. Ct. 2026). · cites it 2× “” ¶8 On January 21, 2025, Megan filed a motion to quash the subpoena under section 2-1101 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1101 (West 2022)). Megan argued that none of the information sought was relevant to Jessica’s motion to modify child support.”
Camco v. Lowery (Ill. App. Ct. 2005). · cites it 2× “We note that the law enforcement agencies and Officer Sandoval did not make a motion to quash the subpoenas (735 ILCS 5/2-1101 (West 2004)) (footnote: 3) or request a protective order restricting the disclosure of the officer's testimony and the law enforcement records to the…”
Islamic Ctr. of Chicago W. Suburbs v. Fahmy, 2020 IL App (2d) 190249-U (Ill. App. Ct. 2020). “¶ 82 Second, plaintiff cites to section 1101 of the Code (735 ILCS 5/2-1101 (West 2018)). That provision governs subpoenas and the proper procedures for compelling testimony of non-party witnesses.”
A.G. Edwards Inc. v. Sec'y of State (Ill. App. Ct. 2002). “Pursuant to section 2-1101 of the Code of Civil Procedure (735 ILCS 5/2-1101 (West 2000)), the circuit court may quash a subpoena for good cause shown.”
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