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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118688
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Need assistance on preparing a subpoena, i am filing one for

Customer Question

need assistance on preparing a subpoena
JA: Because laws vary from place to place, can you tell me what state the subpoena was issued in?
Customer: i am filing one for cook county illinois to serve for documents
JA: Has anything been filed or reported?
Customer: divorce has been filed since he is asking for a child support modification I am going to subpoena third parties for documents
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us about this?
Customer: replied 2 months ago.
I have in front of me the standard ccg n106 subpoena in a civil matter to form subpoena to request documents.I am not sure qhat section i chose under the notice to deponent
Customer: replied 2 months ago.
hello .
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply. Please understand we are working with multiple customers and our replies may be delayed.
Can you upload what you have done so far?
Customer: replied 2 months ago.
attached
Expert:  Law Educator, Esq. replied 2 months ago.
Why are you sending a subpoena to a party in the case?
Have you reviewed the rules of civil procedure in IL yet? Look at Part E, Rule 213/214 particularly: http://illinoiscourts.gov/SupremeCourt/Rules/Art_II/default.asp (copy and paste the link, do not click on it), which pertains to interrogatories and requests for production.
Under IL court rules, subpoenas are sent to non-parties to a case, but for a party to the case you serve them with interrogatories or request for production of documents.
But if this were going to a non-party, just for documents you would not check off anything under "notice to deponent."
You need to check the rules though, because you need to serve a party with a request for production and interrogatories not a subpoena.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 2 months ago.
I am also requesting 1099 k for business merchant totals for the year which will be sent to his bank, I am also going to be sending one to his tax accountant so they would get subpoenas correct since they are a non party and my ex would get request for production and interrogatories is that correct?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Yes, the non-parties would get subpoenas. If this is only for documents and no testimony, you would not check any of the blocks under notice to deponent (unless you are attaching additional pages of requests, which is the 2nd block).
Your ex would get interrogatories and requests for production in accordance with the rules I provided you.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 2 months ago.
do I need to list anywhere on this form why i need the documents?
I do not have to worry about it being quashed
also on the bottom part of the form
name address
city
across to the right issued by do i sign my name there?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

You do not have to say why you need it.

You should not worry about it being quashed if you have reason to believe the information sought will lead to discovery of admissible evidence in your case.

You would sign and print your name if you are serving it by mail.

Please do not forget to leave positivefeedback by clicking on the 5 stars at the top of your page, as theexperts are not employees of the site and get no credit for spendingtime with customers unless they leave positive feedback. Thank you.

Customer: replied 2 months ago.
is there a motion that needs to be filed for the interrogatories and requests for production ? Our divorce was finalized on 3.16.17
I have filed a motion to enforce post decree obligations, which he has willfully disregarded .
He has tried to modify the child support order which is why I am sending request to third party through subpoena to get unaltered figures of income
when I go to court for the enforcement of the decree what form will i need to request for a new court date for the interrogatories and request for document production.
I am not seeing that on the link you provided .
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

You do not need to file any motions for discovery if this case is still open and ongoing. If he is trying to modify his support you are entitled to send him discovery requests under the rules. You need to copy and paste the link to your browser and it is right there in the second paragraph of my third reply to you, but here it is again:

http://illinoiscourts.gov/SupremeCourt/Rules/Art_II/default.asp

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 2 months ago.
The webpage at http://illinoiscourts.gov/Supr… might be temporarily down or it may have moved permanently to a new web address.ERR_INVALID_RESPONSE
Expert:  Law Educator, Esq. replied 2 months ago.
Did you follow directions and not click on the link but copy and paste it to your browser, because I just copied the link and pasted it in my browser twice and it worked both times.
Customer: replied 2 months ago.
got the website up however it does not disclose the answer to my question . Im sorry
so when i go to court I will disclose to the judge that i have proof the financial affidavit was not accurate . If there is no motion to be filed how do i get the ex to answer my interrogatories and requests for production in accordance with the rules.
Customer: replied 2 months ago.
is there a form number i need to obtain to send him the request
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

It does tell you if you look starting at 201, but you need to read them.

No there are no specific forms, you have to write them out, Here are what they should look like, FOR FORMAT ONLY, you have to write your own up again copy and paste the link to your browser: https://www.rosenfeldinjurylawyers.com/files/chicago_premises_liability_interrogatories_defendant_cubs_wrigley.pdf

Here again for FORMAT ONLY is a sample request for production: http://edgarcountywatchdogs.com/wp-content/uploads/2014/11/arcola-2014mr34-production-1.pdf

Customer: replied 2 months ago.
in my request for interrogatories and request for documents. would it be permissible to request copies of front and backs of checks he claims he has paid for rent. along with copies of his home and business leases
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply. Sorry for the delay, but I had to travel to a client's business across the country yesterday and was not available.

You can request ALL of those copies for everything you could ask for under subpoena.

Again, I have spent hours answering you the other night and you need to please understand the site rules and please do not forget to leave positivefeedback by clicking on the 5 stars at the top of your page, as theexperts are not employees of the site and get no credit for spendingtime with customers unless they leave positive feedback. Thank you.