Some divorce litigants perceive their opposing counsels as soldiers in a war who are ripe for the same punishment they wish to dole out on their spouse. In reality, there is little to be done to an opposing counsel beyond being a pesty adverse party. In furtherance of promoting litigation pestilence, an adverse party may wish to subpoena the opposing counsel as a way to drag the attorney, personally, into the divorce battle which is consuming their life. This right to subpoena an opposing counsel is limited, wrong-headed and generally ill-advised. But…here we are. Subpoenaing People In An Illinois Divorce. If you want to know something during divorce litigation, just ask. “[A] party may obtain by discovery full disclosure regarding any matter relevant to the subject matter involved in the pending action” Ill. Sup. Ct. R. 201(b)(1) You can request documents and information from the opposing party via a Notice to Produce, Interrogatories or a Request To Admit. To get information from third parties, you can issue subpoenas. Subpoenas are a formal demand to appear and possibly produce documents. The appearance is usually unnecessary if the requested documents are produced. So, subpoenas usually indicate that appearance is waived if the documents are produced in advance. Subpoenas must be answered by third parties. If a subpoena is not answered the subpoena issuer can move the court to compel the answer. “If a party or other deponent refuses to answer any written question upon the taking of his or her deposition or if a party fails to answer any interrogatory served upon him or her, or to comply with a request for the production of documents or tangible things or inspection of real property, the proponent of the question or interrogatory or the party serving the request may on like notice move for an order compelling an answer or compliance with the request.” Ill. Sup. Ct. R. 219(a) If anyone objects to a subpoena, they must move a court to “quash” (a fun word) the subpoena. “For good cause shown, the court on motion may quash or modify any subpoena” 735 ILCS 5/2-1101If you subpoena an opposing counsel, expect a motion to quash to be issued much sooner than the documents you are requesting. Attorney’s Motion To Quash A Subpoena Directed At Them, Personally. An attorney subject to a subpoena will acknowledge that discovery is broad but limited. “The right to discovery is also limited […]
