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91_SB0460ham003
LRB9103112WHdvam02
1 AMENDMENT TO SENATE BILL 460
2 AMENDMENT NO. . Amend Senate Bill 460, AS AMENDED,
3 in the title and in the introductory clause of Section 5, by
4 changing "Section 5-105" each time it appears to "Sections
5 2-1101 and 5-105"; and
6 in Section 5, by inserting after the introductory clause the
7 following:
8 "(735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101)
9 Sec. 2-1101. Subpoenas. The clerk of any court in which
10 an action is pending shall, from time to time, issue
11 subpoenas for those witnesses and to those counties in the
12 State as may be required by either party. Every clerk who
13 shall refuse so to do shall be guilty of a petty offense and
14 fined any sum not to exceed $100. An order of court is not
15 required to obtain the issuance by the clerk of a subpoena
16 duces tecum. For good cause shown, the court on motion may
17 quash or modify any subpoena or, in the case of a subpoena
18 duces tecum, condition the denial of the motion upon payment
19 in advance by the person in whose behalf the subpoena is
20 issued of the reasonable expense of producing any item
21 therein specified.
22 In the event that a party has subpoenaed an expert
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1 witness including, but not limited to physicians or medical
2 providers, and the expert witness appears in court, and a
3 conflict arises between the party subpoenaing the expert
4 witness and the expert witness over the fees charged by the
5 expert witness, the trial court shall be advised of the
6 conflict. The trial court shall conduct a hearing subsequent
7 to the testimony of the expert witness, and shall determine
8 the reasonable fee to be paid to the expert witness, and
9 shall order payment by the subpoenaing party to the expert
10 witness.
11 (Source: P.A. 87-418.)".