Quashing A Subpoena In An Illinois Divorce

A divorce represents a complete breakdown of trust between the two parties in a marriage. Due to this lack of trust, the parties involved in a divorce often need to verify information through third parties. The information requiring verification might include the parties’ income, assets, or even late-night activities. The requests for information are allowable so long as they have some relevancy to the divorce. “[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) In order to get a third party’s cooperation in providing documents to a litigant in an Illinois divorce, any Illinois lawyer can issue a subpoena at any time. “An attorney admitted to practice in the State of Illinois, as an officer of the court, may also issue subpoenas on behalf of the court for witnesses and to counties in a pending action.” 735 ILCS 5/2-1101 “[S]ubpoenas may be issued by an attorney admitted to practice in the State of Illinois who is currently counsel of record in the pending action. The subpoena may command the person to whom it is directed to produce documents or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted under these rules” Ill. Sup. Ct. R. 204(a)(1) While the other party in the divorce is not receiving the subpoena, they must receive notice of the subpoena via a “Notice of Filing.” “[A] copy of any discovery request under these rules to any nonparty shall be filed with the clerk in accord with Rule 104(b)”  Ill. Sup. Ct. R. 201(o) “Filing of Documents and Proof of Service. Pleadings subsequent to the complaint, written motions, and other documents required to be filed shall be filed with the clerk with a certificate of counsel or other proof that the documents have been served on all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead.” Ill. Sup. Ct. R. 104(b) The other party may not want the third party to disclose the requested information. However, the other party to an Illinois divorce does not control the third party and the third party’s ability or desire to produce the requested documents. In order to stop a third party from complying with a subpoena’s request, a motion to […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/quashing-a-subpoena-in-an-illinois-divorce/