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91_HB1403
LRB9101711KScs
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 2-1101.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 2-1101 as follows:
7 (735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101)
8 Sec. 2-1101. Subpoenas. The clerk of any court in which
9 an action is pending shall, from time to time, issue
10 subpoenas for those witnesses and to those counties in the
11 State as may be required by either party. Every clerk who
12 shall refuse so to do shall be guilty of a petty offense and
13 fined any sum not to exceed $100. An order of court is not
14 required to obtain the issuance by the clerk of a subpoena
15 duces tecum. For good cause shown, the court on motion may
16 quash or modify any subpoena or, in the case of a subpoena
17 duces tecum, condition the denial of the motion upon payment
18 in advance by the person in whose behalf the subpoena is
19 issued of the reasonable expense of producing any item
20 therein specified.
21 In the event that a party has subpoenaed an expert
22 witness including, but not limited to physicians or medical
23 providers, and the expert witness appears in court, and a
24 conflict arises between the party subpoenaing the expert
25 witness and the expert witness over the fees charged by the
26 expert witness, the trial court shall be advised of the
27 conflict. The trial court shall conduct a hearing subsequent
28 to the testimony of the expert witness, and shall determine
29 the reasonable fee to be paid to the expert witness, and
30 shall order payment by the subpoenaing party to the expert
31 witness. (Source: P.A. 87-418.)