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91_HB1403eng HB1403 Engrossed 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,andshall 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.)