Lawyers have the enormous and independent power of subpoena. Lawyers can issue subpoenas and those subpoenas have the authority of the court. The subpoena must be answered under the penalty of contempt of court. “[S]ubpoenas may be issued by an attorney admitted to practice in the State of Illinois who is currently counsel of record in the pending action. The subpoena may command the person to whom it is directed to produce documents or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted under these rules” Ill. Sup. Ct. R. 204(a)(1) When someone receives a subpoena, they can be called a deponent. The deponent must provide the documents requested unless someone (not necessarily the subpoena receiver) file a motion to quash that subpoena. If the subpoena is uncontested, the subpoena answerer (the deponent) can get in big trouble (i.e. at least be ordered to pay attorney’s fees). “If a party or other deponent refuses…to comply with a request for the production of documents or tangible things or inspection of real property…the party serving the request may on like notice move for an order compelling an answer or compliance with the request. If the court finds that the refusal or failure was without substantial justification, the court shall require the offending party or deponent, or the party whose attorney advised the conduct complained of, or either of them, to pay to the aggrieved party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney’s fees.” Ill. Sup. Ct. R. 219 Deponents already received a subpoena. Deponents do NOT want any more problems. So, deponents usually and quickly provide the requested documents to the party that issued the subpoena. In theory, the deponent should file a certificate of compliance with the court…but I’ve never seen a third-party deponent do that in my 18 years of practice. “That party or attorney shall serve all requesting parties of record at least three days prior to the scheduled deposition, with true and complete copies of all documents, and shall make available for inspection tangible things, or other materials furnished, and shall file a certificate of compliance with the court.” Ill. Sup. Ct. R. 204(a)(4) The deponent does NOT have to give the requested documents to all parties, just the party that requested the documents. The party that requested the documents […]
