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How to Domesticate an Out-of-State Subpoena in Illinois Under 735 ILCS 35

Under Illinois’s Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted to the circuit clerk of the county where discovery is sought, who issues an Illinois subpoena. The Act requires no local attorney. Served 123 LLC gets it issued and served.

Questions? Call (800) 321-2377

What to Send Us

  • The Out-of-State Subpoena and Its Attachments
  • The Witness’s Name and Address
  • Your Requested Deadline
  • Whether You Also Need It Served
  • Contact Details for All Counsel and Unrepresented PartiesAdd it under Special Instructions.

Every Illinois Order Includes

  • Document Preparation, Attestation Included The requester signs it and the clerk issues.
  • The Clerk-Issued Illinois Subpoena, Checked Before Service
  • Service and Certificate of Service, If Ordered

Skip tracing is available if the address turns out to be bad.

Every Illinois County

Served 123 LLC handles Illinois subpoena domestication in all 102 counties. The county in which discovery is sought to be conducted decides which circuit clerk issues it, and the clerk’s fee is part of your quote; the clerk directory below lists each office.

Health-Care Records

Section 3.5 bars a clerk from issuing on a foreign subpoena tied to lawful health care activity, meaning reproductive health care or gender-affirming care, or to another state’s law interfering with Reproductive Health Act rights, unless an exception applies and a sworn attestation identifies it. Flag such records under Special Instructions.

Illinois Subpoena Domestication Order

Our quote covers document preparation, the clerk’s fee and service if ordered.

From the Foreign Subpoena to an Illinois Witness

The Act sets the venue and the clerk’s duty; Supreme Court Rule 17 adds the attestation, the e-mail counsel list and the certificate of service. Five stops carry a subpoena from an out-of-state case to a witness in Illinois.

  1. 1

    Submitted to the Discovery County Clerk

    The foreign subpoena goes to a clerk of the circuit court in the county in which discovery is sought to be conducted; the request is not an appearance in Illinois courts.

    735 ILCS 35/3(a)
  2. 2

    With the Attestation and Every Required Paper

    The request carries the Supreme Court’s attestation form, which we prepare and the requester signs under penalty of perjury, and any documentation local circuit court rule requires; the clerk shall not issue a subpoena if any of it is missing.

    Rule 17(b)(2)–(3), (c)
  3. 3

    Given an MR Case Number

    Each request is assigned a Miscellaneous Remedy case number and is filed in accordance with Supreme Court Rules 17, 201 and 204, whether the out-of-state proceeding is civil or criminal.

    Manual on Recordkeeping
  4. 4

    The Clerk Issues It Promptly

    Unless section 3.5 bars it, the clerk promptly issues an Illinois subpoena that incorporates the terms used in the foreign subpoena and contains or comes with the names, addresses, e-mail addresses and telephone numbers of all counsel of record and of any party not represented by counsel.

    Rule 17(b)–(d)
  5. 5

    Served, Certificate Filed and Served

    Service follows Rules 204 and 237 and section 2-1101; the person serving files a certificate of service with the clerk and serves the witness with it, the issued subpoena and everything submitted to the clerk.

    735 ILCS 35/4; Rule 17(e)
Map of Illinois’s 102 counties

Subpoenas Issued and Served Across Illinois

102Counties Covered
PromptlyClerk Issues It735 ILCS 35/3(b)
AttestationRequired in Every Circuit CourtRule 17(b)(2)
Rule 17Governs Every RequestRule 17(a)

Illinois UIDDA, 735 ILCS 35, and Supreme Court Rule 17

Illinois took the Uniform Act in by statute, Public Act 99-79, and the Supreme Court added Rule 17 in March 2023 after Public Act 102-1117. Below, their own words on where the foreign subpoena goes, what must come with it, what the clerk does and what the person serving must file.

To request issuance of a subpoena under this Section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this Act does not constitute an appearance in the courts of this State.

735 ILCS 35/3(a)

When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed unless issuance is prohibited by Section 3.5.

735 ILCS 35/3(b)

To request issuance of a subpoena pursuant to the Uniform Interstate Depositions and Discovery Act, a person shall submit to a clerk of the circuit court in the county in which discovery is sought to be conducted the following: (1) a foreign subpoena; (2) an attestation form fully completed under penalty of perjury in the form authorized by the Supreme Court and found in the Article I Forms Appendix; (3) any other documentation required by local circuit court rule; and (4) any other document required by the Uniform Interstate Depositions and Discovery Act. Upon receipt of all required documentation and in accordance with the circuit court's procedure, the clerk of the circuit court shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed unless prohibited under paragraph (c) of this rule.

Rule 17(b)

The clerk of the circuit court shall not issue a subpoena if the person requesting the subpoena fails to submit all documents as required by paragraph (b) of this rule. The clerk of the circuit court shall not issue a subpoena if the request for issuance is not in compliance with section 3.5 of the Uniform Interstate Depositions and Discovery Act (735 ILCS 35/3.5).

Rule 17(c)

A subpoena under paragraph (b) shall: (1) incorporate the terms used in the foreign subpoena; (2) contain or be accompanied by the names, addresses, e-mail addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; (3) comply with all local circuit court rules; and (4) comply with all requirements of the Uniform Interstate Depositions and Discovery Act.

Rule 17(d)

A person serving a subpoena issued pursuant to the Uniform Interstate Depositions and Discovery Act shall file a certificate of service with the clerk of the circuit court and serve the recipient of the subpoena with the certificate of service, subpoena issued by the clerk of the circuit court, and a copy of all documents submitted to the clerk of the circuit court.

Rule 17(e)

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Statute First, Then a Court Rule
Illinois enacted the Uniform Act as 735 ILCS 35 by Public Act 99-79, in force January 1, 2016. Public Act 102-1117, effective January 13, 2023, amended the Act, and the Committee Comment to Rule 17 says the rule and its attestation form “were created in response to” those amendments. The Supreme Court adopted Rule 17 on March 17, 2023, effective immediately.
735 ILCS 35/1, 35/3; Rule 17
Rulemaking Power and Rule 204
Section 3.5(h): “The Supreme Court shall have jurisdiction to adopt rules for the implementation of this Section.” The deposition rule then points every Act request to the new rule: “All requests for subpoenas pursuant to the Uniform Interstate Depositions and Discovery Act (735 ILCS 35/1 et seq.) shall be governed by Rule 17.”
Section 3.5(h) of the Act; Rule 204(b)(2)
The Supreme Court’s Attestation Form
The form reads: “This form is approved by the Illinois Supreme Court and is required to be used in all Illinois Circuit Courts.” The signer certifies under penalty of perjury that everything in it is true, complete and correct.
Attestation form; Rule 17(b)(2)
Opened as an MR Case
The Administrative Office’s Manual on Recordkeeping update says requests to issue a foreign subpoena “shall be assigned an MR case number and shall be filed in accordance with Supreme Court Rules 17, 201 and 204.” MR, Miscellaneous Remedy, is a civil case category.
Manual on Recordkeeping

Illinois Case Law on the Act

In Cascade Builders Corp. v. Rugar, No. 1-19-2410, 2021 IL App (1st) 192410, the First District held that a motion to quash a subpoena issued under the Act must comply with Illinois rules and statutes, including at a minimum Illinois choice-of-law principles, under section 6.

No reported Illinois appellate decision has yet interpreted section 3.5 or Supreme Court Rule 17; their own text governs the attestation, the clerk’s issuance and the certificate of service.

Official texts: 735 ILCS 35; Illinois Supreme Court Rule 17 and Rules 201 and 204; 735 ILCS 5/2-1101; 705 ILCS 35/4.3; 735 ILCS 40/28-10; the Manual on Recordkeeping; Ill. R. Evid. 902; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.

Served 123 LLC prepares the Rule 17 request for the circuit clerk and has the Illinois subpoena served.

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Serving the Witness Under Rules 204 and 237

Section 4 of the Act and Rule 17(e) send every subpoena the clerk issues through Supreme Court Rules 204 and 237 and section 2-1101 of the Code of Civil Procedure. These cards cover how it is served, the certificate of service, witness fees and tender, where a witness complies, the parties’ contact list, motions after service and protective orders. For a summons or other court papers, see process service in Illinois.

Rules 204 and 237 and Section 2-1101

Section 4 of the Act: “A subpoena issued by a clerk of court under Section 3 must be served in compliance with Illinois Supreme Court Rules 204 and 237 and Section 2-1101 of the Code of Civil Procedure.” Rule 204(a)(2) also speaks to service by mail: certified or registered, restricted delivery, return receipt requested, with a check or money order for the fee and mileage enclosed.

735 ILCS 35/4; Rule 204(a)(2)

A Certificate Filed With the Circuit Clerk

Rule 17(e): the person serving the subpoena “shall file a certificate of service with the clerk of the circuit court and serve the recipient of the subpoena with the certificate of service, subpoena issued by the clerk of the circuit court, and a copy of all documents submitted to the clerk of the circuit court.” Mail proof takes a receipt showing delivery “at least seven days before the date on which appearance is required.”

Rule 17(e); 204(a)(2)

Per Diem and Mileage Each Way

Section 4.3 sets “the sum of $20 for each day's attendance and $0.20 per mile each way for necessary travel” for a witness attending in any county upon trials in the courts, and a deponent “shall receive the same per diem and mileage as provided in this Section for witnesses in circuit courts.” No fee is allowed “unless the witness makes an affidavit stating the number of days he or she actually attended, and that attendance was at the instance of one or both of the parties or his or her attorney.”

705 ILCS 35/4.3

Tender Before the Duty Attaches

Rule 204(a)(2): “A deponent shall respond to any lawful subpoena of which the deponent has actual knowledge, if payment of the fee and mileage has been tendered.” When the subpoena goes by mail, the affidavit proving service has to show it went “with a check or money order for the fee and mileage enclosed.” Section 4.3 sets both amounts for trial and deposition witnesses alike, and for attending in a foreign county, “each day's travel shall constitute a day of attendance.”

Rule 204(a)(2)

The Deponent’s County of Residence

Section 9.5: “A subpoena issued under this Act may not require compliance outside a deponent's county of residence in the State of Illinois.” The deposition, production or inspection the Illinois subpoena commands must be set inside that county, wherever the out-of-state case is pending.

735 ILCS 35/9.5

The Counsel List and a Filed Copy

The issued subpoena must contain or come with the names, addresses, e-mail addresses and telephone numbers of every counsel of record and every party without counsel. Rule 201(o) adds that “a copy of any discovery request under these rules to any nonparty shall be filed with the clerk in accord with Rule 104(b).”

Rule 17(d)(2); 201(o)

In the Discovery County, Under Illinois Law

Section 6: an application “for a protective order or to enforce, quash, or modify” the subpoena “must comply with the rules or statutes of this State and be submitted to the court in the county in which discovery is to be conducted.” Section 2-1101 lets that court quash or modify any subpoena for good cause shown.

735 ILCS 35/6; 5/2-1101

On Motion of Any Party or Witness

Rule 201(c)(1): “The court may at any time on its own initiative, or on motion of any party or witness, make a protective order as justice requires, denying, limiting, conditioning, or regulating discovery to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression.”

Rule 201(c)(1)

Served 123 LLC serves the Illinois subpoena and the Rule 17(e) papers with it, along with any tender owed.

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Records and Health-Care Subpoenas to Illinois Custodians

A subpoena for documents alone goes to the same discovery county clerk as one for a deposition, and Rules 204 and 237 and section 2-1101 apply to it. These cards cover section 3.5’s bar on subpoenas for lawful health care activity, nonparty physicians, HIPAA’s routes for a subpoena without a court order, production without a deposition, and the custodian’s certification under Ill. R. Evid. 902(11).

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Lawful Health Care Activity Is Barred Unless Excepted

Section 3.5(b): “No clerk of court shall issue a subpoena based on a foreign subpoena that: (1) requests information or documents related to lawful health care activity, as defined in the Lawful Health Care Activity Act; or (2) is related to the enforcement of another state's law that would interfere with an individual's rights under the Reproductive Health Act.” Section 28-10 defines lawful health care as “(1) reproductive health care that is not unlawful under the laws of this State” or “(2) the treatment of gender dysphoria or the affirmation of an individual's gender identity or gender expression, including, but not limited to, all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature that is not unlawful under the laws of this State,” each “including on any theory of vicarious, joint, several, or conspiracy liability,” and the activity as “seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care.” Section 3.5(a): “If a request for issuance of a subpoena pursuant to this Act seeks documents or information related to lawful health care activity, as defined in the Lawful Health Care Activity Act, or seeks documents in support of any claim that interferes with rights under the Reproductive Health Act, then the person or entity requesting the subpoena shall include an attestation, signed under penalty of perjury, confirming and identifying that an exemption in subsection (c) applies.”

735 ILCS 35/3.5; 735 ILCS 40/28-10

Section 3.5(c) and What the Attestor Takes On

Two kinds of out-of-state action can qualify, each only if a similar claim would exist under Illinois law. Under 3.5(c), “A clerk of court may issue the subpoena if the subpoena includes the attestation as described in subsection (a) and the subpoena relates to:” “(1) an out-of-state action founded in tort, contract, or statute brought by the patient who sought or received the lawful health care or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient, and for which a similar claim would exist under the laws of this State” or “(2) an out-of-state action founded in contract brought or sought to be enforced by a party with a contractual relationship with the individual whose documents or information are the subject of the subpoena and for which a similar claim would exist under the laws of this State.” The attestation has to identify which one applies, and section 3.5(a) adds a consequence for whoever signs it: “Submission of such attestation shall subject the attestor to the jurisdiction of the courts of this State for any suit, penalty, or damages arising out of a false attestation under this Section.” The same subsection sets a statutory penalty for a false or missing attestation: “Any false attestation submitted under this Section or the failure to submit an attestation required by this Section shall be subject to a statutory penalty of $10,000 per violation.” Rule 17(c) repeats the bar for Illinois circuit court clerks: the clerk “shall not issue a subpoena if the request for issuance is not in compliance with section 3.5” of the Act.

Sec. 3.5(a), (c); Rule 17(c)

No Compliance With a Violating Subpoena

Section 3.5(d): “Any person or entity served with a subpoena reasonably believed to be issued in violation of this Section shall not comply with the subpoena.” Under 3.5(e), the recipient, or the person whose lawful health care it concerns, “may, but is not required to, move to modify or quash the subpoena.” Section 3.5(f): “No court shall issue an order compelling a person or entity to comply with a subpoena found to be in violation of this Section.”

Sec. 3.5(d)–(f), 735 ILCS 35

Agreement and Consent, or a Court Order

Rule 204(c): “The discovery depositions of nonparty physicians being deposed in their professional capacity may be taken only with the agreement of the parties and the subsequent consent of the deponent or under a subpoena issued upon order of court. A party shall pay a reasonable fee to a physician for the time he or she will spend testifying at any such deposition.” The party at whose instance it is taken pays, unless the physician was retained for trial or the court orders otherwise.

Rule 204(c)

Notice to the Patient or a Protective Order

Section 3.5 comes first: a request on lawful health care activity has to clear the cards above. After that, 45 C.F.R. 164.512(e)(1)(ii) lets a covered entity disclose protected health information “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal, if:” “(A) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request; or” “(B) The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.” The next cards take each route; any motion on the Illinois subpoena itself stays in the discovery county under section 6.

45 C.F.R. § 164.512(e)(1)(ii)

Three Showings, in Writing

On the notice route an Illinois custodian checks three showings, under one lead-in: “For the purposes of paragraph (e)(1)(ii)(A) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information if the covered entity receives from such party a written statement and accompanying documentation demonstrating that:” (A) “The party requesting such information has made a good faith attempt to provide written notice to the individual (or, if the individual's location is unknown, to mail a notice to the individual's last known address);” (B) “The notice included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal; and” (C) “The time for the individual to raise objections to the court or administrative tribunal has elapsed, and: (1) No objections were filed; or (2) All objections filed by the individual have been resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.”

45 C.F.R. § 164.512(e)(1)(iii)

The Protective Order Route

Paragraph (e)(1)(iv): “For the purposes of paragraph (e)(1)(ii)(B) of this section, a covered entity receives satisfactory assurances from a party seeking protected health information, if the covered entity receives from such party a written statement and accompanying documentation demonstrating that:” “(A) The parties to the dispute giving rise to the request for information have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute; or” “(B) The party seeking the protected health information has requested a qualified protective order from such court or administrative tribunal.”

45 C.F.R. § 164.512(e)(1)(iv)

What the Order Must Say

Paragraph (e)(1)(v): “For purposes of paragraph (e)(1) of this section, a qualified protective order means, with respect to protected health information requested under paragraph (e)(1)(ii) of this section, an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that:” “(A) Prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested; and” “(B) Requires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.”

45 C.F.R. § 164.512(e)(1)(v)

When the Covered Entity Acts Itself

Paragraph (e)(1)(vi): “Notwithstanding paragraph (e)(1)(ii) of this section, a covered entity may disclose protected health information in response to lawful process described in paragraph (e)(1)(ii) of this section without receiving satisfactory assurance under paragraph (e)(1)(ii)(A) or (B) of this section, if the covered entity makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order sufficient to meet the requirements of paragraph (e)(1)(v) of this section.”

45 C.F.R. § 164.512(e)(1)(vi)

Production in Lieu of Appearance

Rule 204(a)(4): “The notice, order or stipulation to take a deposition may specify that the appearance of the deponent is excused, and that no deposition will be taken, if copies of specified documents or tangible things are served on the party or attorney requesting the same by a date certain. That party or attorney shall serve all requesting parties of record at least three days prior to the scheduled deposition, with true and complete copies of all documents, and shall make available for inspection tangible things, or other materials furnished, and shall file a certificate of compliance with the court.”

Rule 204(a)(4)

Charges, Filing and Later Depositions

Rule 204(a)(4) goes on: “Unless otherwise ordered or agreed, reasonable charges by the deponent for production in accordance with this procedure shall be paid by the party requesting the same, and all other parties shall pay reasonable copying and delivery charges for materials they receive. A copy of any subpoena issued in connection with such a deposition shall be attached to the notice and immediately filed with the court, not less than 14 days prior to the scheduled deposition. The use of this procedure shall not bar the taking of any person’s deposition or limit the scope of same.”

Rule 204(a)(4)

Rule 902(11) Certification for Illinois Proceedings

Illinois Rule of Evidence 902(11) covers “The original or a duplicate of a record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written certification of its custodian or other qualified person that the record (A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of these matters; (B) was kept in the course of the regularly conducted activity; and (C) was made by the regularly conducted activity as a regular practice.”

Ill. R. Evid. 902(11)

Domestic and Foreign Records

Rule 902(11) defines “certification” for both kinds of record. As “used in this subsection” the word “means with respect to a domestic record, a written declaration under oath subject to the penalty of perjury and, with respect to a record maintained or located in a foreign country, a written declaration signed in a country which, if falsely made, would subject the maker to criminal penalty under the laws of the country.”

Ill. R. Evid. 902(11)

Notice for Every Certified Record

Every record offered under Rule 902(11), domestic or foreign, carries one condition: “A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and certification available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.”

Ill. R. Evid. 902(11)

Served 123 LLC handles the clerk’s issuance and service of an Illinois subpoena that commands production.

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Common Traps in Illinois

These are the mistakes to avoid with a foreign subpoena in Illinois, from the circuit clerk’s intake to the witness and the certificate of service.

Served 123 LLC checks every request it prepares and every service it makes against these points. A motion after service belongs to a party or the witness; we tell you which Illinois court hears it.

  • No Attestation The attestation form was left out, and the clerk shall not issue without it, Rule 17(b)(2), (c).
  • The Wrong County It went to a clerk outside the discovery county, section 3(a) of the Act.
  • Counsel Without E-mail Addresses The counsel list gives names, addresses and phones but no e-mail addresses, Rule 17(d)(2).
  • Section 3.5 Without the Exception A covered request carried no attestation identifying an exception, section 3.5(a), (c).
  • A Physician Without Consent A nonparty physician was deposed without agreement and consent or an order, Rule 204(c).
  • No Fee and Mileage Tendered The witness need respond only once the fee and mileage are tendered, Rule 204(a)(2).
  • Certificate of Service Never Filed The witness was served, but no certificate of service was filed with the clerk, Rule 17(e).
  • Outside the County of Residence The subpoena commands compliance outside the deponent’s county of residence, 735 ILCS 35/9.5.
  • The Wrong Court for a Motion A motion to quash was filed out of state, not in the discovery county’s circuit court, 735 ILCS 35/6.

Find the Illinois Circuit Clerk

Search or pick the county where the deposition or production is to take place to see which circuit clerk issues the subpoena there, then start a quote; the clerk directory below lists all 102 offices. Check the county against the section 9.5 residence limit first.

All 102 Illinois CountiesEach county’s circuit clerk issues it; the clerk’s fee is in your quote.Get a Free Quote Online →
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Circuit Clerk Directory: All 102 Illinois Counties

Each office as listed in the Illinois Courts directory of circuit court clerks, with DuPage’s street address from its local rules.

Adams County
Adams County Circuit Clerk
521 Vermont Street
Quincy, IL 62301
Alexander County
Alexander County Circuit Clerk
2000 Washington
Cairo, IL 62914
Bond County
Bond County Circuit Clerk
200 West College
Greenville, IL 62246
Boone County
Boone County Circuit Clerk
601 North Main, #303
Belvidere, IL 61008
Brown County
Brown County Circuit Clerk
200 Court Street, Room 5
Mt. Sterling, IL 62353
Bureau County
Bureau County Circuit Clerk
700 South Main Street
Princeton, IL 61356
Calhoun County
Calhoun County Circuit Clerk
P.O. Box 486
Hardin, IL 62047
Carroll County
Carroll County Circuit Clerk
301 North Main Street
Mt. Carroll, IL 61053
Cass County
Cass County Circuit Clerk
P.O. Box 203
Virginia, IL 62691
Champaign County
Champaign County Circuit Clerk
101 East Main Street
Urbana, IL 61801
Christian County
Christian County Circuit Clerk
101 South Main
Taylorville, IL 62568
Clark County
Clark County Circuit Clerk
P.O. Box 187
Marshall, IL 62441
Clay County
Clay County Circuit Clerk
111 Chestnut
Louisville, IL 62858
Clinton County
Clinton County Circuit Clerk
850 Fairfax Street
Carlyle, IL 62231
Coles County
Coles County Circuit Clerk
651 Jackson Avenue, Room 128
Charleston, IL 61920
Cook County
Clerk of the Circuit Court of Cook County
50 West Washington, Suite 1001
Chicago, IL 60602
Crawford County
Crawford County Circuit Clerk
P.O. Box 655
Robinson, IL 62454
Cumberland County
Cumberland County Circuit Clerk
1 Courthouse Square, Room 107
Toledo, IL 62468
De Witt County
DeWitt County Circuit Clerk
201 West Washington Street
Clinton, IL 61727
DeKalb County
DeKalb County Circuit Clerk
133 West State Street
Sycamore, IL 60178
Douglas County
Douglas County Circuit Clerk
401 South Center
Tuscola, IL 61953
DuPage County
DuPage County Circuit Clerk
505 North County Farm Road
Wheaton, IL 60187
Edgar County
Edgar County Circuit Clerk
115 West Court Street
Paris, IL 61944
Edwards County
Edwards County Circuit Clerk
50 East Main Street, Suite 7
Albion, IL 62806
Effingham County
Effingham County Circuit Clerk
120 West Jefferson, Suite 101
Effingham, IL 62401
Fayette County
Fayette County Circuit Clerk
221 South 7th Street
Vandalia, IL 62471
Ford County
Ford County Circuit Clerk
200 West State
Paxton, IL 60957
Franklin County
Franklin County Circuit Clerk
P.O. Box 485
Benton, IL 62812
Fulton County
Fulton County Circuit Clerk
P.O. Box 152
Lewistown, IL 61542
Gallatin County
Gallatin County Circuit Clerk
P.O. Box 249
Shawneetown, IL 62984
Greene County
Greene County Circuit Clerk
519 North Main Street
Carrollton, IL 62016
Grundy County
Grundy County Circuit Clerk
P.O. Box 707
Morris, IL 60450
Hamilton County
Hamilton County Circuit Clerk
100 South Jackson Street
McLeansboro, IL 62859
Hancock County
Hancock County Circuit Clerk
P.O. Box 189
Carthage, IL 62321
Hardin County
Hardin County Circuit Clerk
P.O. Box 308
Elizabethtown, IL 62931
Henderson County
Henderson County Circuit Clerk
P.O. Box 546
Oquawka, IL 61469
Henry County
Henry County Circuit Clerk
307 West Center Street
Cambridge, IL 61238
Iroquois County
Iroquois County Circuit Clerk
550 South 10th Street
Watseka, IL 60970
Jackson County
Jackson County Circuit Clerk
P.O. Box 730
Murphysboro, IL 62966
Jasper County
Jasper County Circuit Clerk
100 West Jourdan Street
Newton, IL 62448
Jefferson County
Jefferson County Circuit Clerk
P.O. Box 1266
Mt. Vernon, IL 62864
Jersey County
Jersey County Circuit Clerk
201 West Pearl Street
Jerseyville, IL 62052
Jo Daviess County
Jo Daviess County Circuit Clerk
330 North Bench Street
Galena, IL 61036
Johnson County
Johnson County Circuit Clerk
105 North 6th Street
Vienna, IL 62995
Kane County
Kane County Circuit Clerk
540 South Randall Rd.
St. Charles, IL 60174
Kankakee County
Kankakee County Circuit Clerk
450 East Court Street
Kankakee, IL 60901
Kendall County
Kendall County Circuit Clerk
807 West John Street
Yorkville, IL 60560
Knox County
Knox County Circuit Clerk
200 South Cherry Street
Galesburg, IL 61401
Lake County
Lake County Circuit Clerk
18 North County Street
Waukegan, IL 60085
LaSalle County
LaSalle County Circuit Clerk
119 West Madison Street, Room 201
Ottawa, IL 61350
Lawrence County
Lawrence County Circuit Clerk
1100 State Street
Lawrenceville, IL 62439
Lee County
Lee County Circuit Clerk
309 South Galena, Suite 320
Dixon, IL 61021
Livingston County
Livingston County Circuit Clerk
110 North Main Street
Pontiac, IL 61764
Logan County
Logan County Circuit Clerk
P.O. Box 158
Lincoln, IL 62656
Macon County
Macon County Circuit Clerk
253 East Wood Street
Decatur, IL 62523
Macoupin County
Macoupin County Circuit Clerk
P.O. Box 197
Carlinville, IL 62626
Madison County
Madison County Circuit Clerk
155 North Main Street
Edwardsville, IL 62025
Marion County
Marion County Circuit Clerk
100 East Main Street
Salem, IL 62881
Marshall County
Marshall County Circuit Clerk
122 North Prairie
Lacon, IL 61540
Mason County
Mason County Circuit Clerk
125 North Plum
Havana, IL 62644
Massac County
Massac County Circuit Clerk
One Superman Square, Room 2D
Metropolis, IL 62960
McDonough County
McDonough County Circuit Clerk
#1 Courthouse Square
Macomb, IL 61455
McHenry County
McHenry County Circuit Clerk
2200 North Seminary Avenue, Room 352
Woodstock, IL 60098
McLean County
McLean County Circuit Clerk
104 West Front Street, Room 404
Bloomington, IL 61701
Menard County
Menard County Circuit Clerk
102 South 7th Street
Petersburg, IL 62675
Mercer County
Mercer County Circuit Clerk
100 Southeast 3rd Street
Aledo, IL 61231
Monroe County
Monroe County Circuit Clerk
100 South Main Street, Room 115
Waterloo, IL 62298
Montgomery County
Montgomery County Circuit Clerk
120 North Main Street, Room 125
Hillsboro, IL 62049
Morgan County
Morgan County Circuit Clerk
300 West State Street
Jacksonville, IL 62650
Moultrie County
Moultrie County Circuit Clerk
10 South Main Street, Suite 7
Sullivan, IL 61951
Ogle County
Ogle County Circuit Clerk
106 South 5th Street, Suite 300
Oregon, IL 61061
Peoria County
Peoria County Circuit Clerk
324 Main Street, Room G22
Peoria, IL 61602
Perry County
Perry County Circuit Clerk
P.O. Box 219
Pinckneyville, IL 62274
Piatt County
Piatt County Circuit Clerk
101 West Washington Street
Monticello, IL 61856
Pike County
Pike County Circuit Clerk
100 East Washington
Pittsfield, IL 62363
Pope County
Pope County Circuit Clerk
310 East Main Street
Golconda, IL 62938
Pulaski County
Pulaski County Circuit Clerk
500 Illinois Avenue
Mound City, IL 62963
Putnam County
Putnam County Circuit Clerk
120 North 4th Street
Hennepin, IL 61327
Randolph County
Randolph County Circuit Clerk
#1 Taylor Street, Room 302
Chester, IL 62233
Richland County
Richland County Circuit Clerk
103 West Main Street, #21
Olney, IL 62450
Rock Island County
Rock Island County Circuit Clerk
P.O. Box 5230
Rock Island, IL 61201
Saline County
Saline County Circuit Clerk
10 East Poplar Street
Harrisburg, IL 62946
Sangamon County
Sangamon County Circuit Clerk
200 South 9th Street, Room 405
Springfield, IL 62701
Schuyler County
Schuyler County Circuit Clerk
102 South Congress, Suite 103
Rushville, IL 62681
Scott County
Scott County Circuit Clerk
35 East Market Street
Winchester, IL 62694
Shelby County
Shelby County Circuit Clerk
P.O. Box 469
Shelbyville, IL 62565
St. Clair County
St. Clair County Circuit Clerk
10 Public Square
Belleville, IL 62220
Stark County
Stark County Circuit Clerk
130 West Main Street
Toulon, IL 61483
Stephenson County
Stephenson County Circuit Clerk
15 North Galena Avenue
Freeport, IL 61032
Tazewell County
Tazewell County Circuit Clerk
342 Court Street
Pekin, IL 61554
Union County
Union County Circuit Clerk
309 West Market Street, Room 101
Jonesboro, IL 62952
Vermilion County
Vermilion County Circuit Clerk
7 North Vermilion Street
Danville, IL 61832
Wabash County
Wabash County Circuit Clerk
401 Market Street
Mt. Carmel, IL 62863
Warren County
Warren County Circuit Clerk
100 West Broadway
Monmouth, IL 61462
Washington County
Washington County Circuit Clerk
125 East Elm Street
Nashville, IL 62263
Wayne County
Wayne County Circuit Clerk
301 East Main Street, Suite 204
Fairfield, IL 62837
White County
White County Circuit Clerk
P.O. Box 310
Carmi, IL 62821
Whiteside County
Whiteside County Circuit Clerk
200 East Knox Street
Morrison, IL 61270
Will County
Will County Circuit Clerk
100 West Jefferson Street
Joliet, IL 60432
Williamson County
Williamson County Circuit Clerk
200 West Jefferson, Suite 100
Marion, IL 62959
Winnebago County
Winnebago County Circuit Clerk
400 West State Street, Room 100
Rockford, IL 61101
Woodford County
Woodford County Circuit Clerk
P.O. Box 284
Eureka, IL 61530

Illinois and Neighboring States

How Indiana, Wisconsin, Iowa, Missouri and Kentucky take in a foreign subpoena next to Illinois’s 735 ILCS 35: the law that governs it, whether the law itself requires a local attorney and who issues the subpoena, each from the state’s own statute or rule. “Check” marks a neighbor whose own filing rules leave the local-attorney question open.

StateAct AdoptedLocal Attorney Required by the ActWho Issues
Illinois735 ILCS 35, a statute in force since January 1, 2016, with Supreme Court Rule 17NoCircuit clerk, discovery county
IndianaIC 34-44.5-1 (P.L.57-2010)CheckClerk of court, discovery county
WisconsinWis. Stat. § 887.24 (S. Ct. Order 13-16A, 2016)CheckClerk of circuit court, discovery county
IowaIowa R. Civ. P. 1.1702 (2013)CheckClerk of court, a signed blank subpoena
MissouriMo. Sup. Ct. R. 57.08 (no Uniform Act)CheckCircuit court order on ex parte application, county where the deponent is found
KentuckyKRS 421.360 (2008 Ky. Acts ch. 114)CheckCircuit Court clerk, discovery county
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Illinois Subpoena Domestication FAQs

Every answer cites the Illinois statute, rule or official source behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.

Filing

Is the Uniform Act law in Illinois, and where is it codified?

Yes. The Uniform Interstate Depositions and Discovery Act sits in chapter 735 of the state’s Compiled Statutes as Act 35 and took effect at the start of 2016. Since March 17, 2023, the Supreme Court’s Rule 17 has controlled each request made under it, and Rule 204(b)(2) points deposition practice there too. The Act and rule section quotes both.

Which Illinois circuit clerk takes the request?

The circuit clerk for the county in which the deposition, production or inspection will take place; section 3(a) of the Act and Rule 17(b) both tie the request to that county. Section 9.5 separately keeps compliance inside the deponent’s county of residence, so settle the place of compliance first. The clerk directory lists every office.

What is the Foreign Subpoena Attestation?

It is the statewide form every circuit clerk expects with a Rule 17 request. Served 123 LLC prepares it; the requesting attorney, or a requester without an attorney, signs it under penalty of perjury, and the sworn answers are the signer’s own. Rule 17(b)(2) makes it mandatory, so a request that arrives without it gets no Illinois subpoena. The rule text has the detail.

What has to reach the circuit clerk before a subpoena issues?

Four items under Rule 17(b): the foreign subpoena, the completed attestation, whatever a local circuit court rule adds, and anything the Act itself demands. Issuance waits until the last of them arrives, and Rule 17(c) bars the clerk from issuing on a partial set. Route stop 2 walks through it.

Does a lawyer from another state need Illinois counsel to have it issued?

Not under the Act’s text. Section 3(a) says asking the clerk to issue a subpoena is not an appearance in a court of this state, and Rule 17(b) speaks of “a person” who submits the papers rather than an Illinois attorney. A section 3.5 attestation is different: see what the attestor takes on. Served 123 LLC prepares the request and gets it issued; see route stop 1.

What does Rule 17(d) require the issued subpoena to carry?

Four things under Rule 17(d): the foreign subpoena’s terms, a contact list for every lawyer of record and every unrepresented party, e-mail and phone included, compliance with the circuit’s local rules, and compliance with the Act. The rule text quotes all four, and the contact list card covers the list.

Service

How is an Illinois subpoena served on the witness?

The way any deposition subpoena in the state is served. Section 4 of the Act sends it through Rules 204 and 237 and section 2-1101, so a subpoena issued here gets no separate method, and the mailed route carries its own delivery and enclosure terms. See how it is served.

What is the proof of service for a foreign subpoena in Illinois?

A certificate of service. Under Rule 17(e) it is filed with the circuit clerk and served on the witness, along with the clerk-issued subpoena and copies of everything the clerk received. When Served 123 LLC serves the subpoena, that certificate is filed and served too. The proof of service card quotes the rule.

Can the witness be made to comply outside the county of residence?

No. Section 9.5 bars a subpoena issued under the Act from requiring compliance outside the deponent’s county of residence in Illinois, so a witness living in one county cannot be ordered to a deposition, a document production or an inspection in another. The place of compliance card quotes the section.

What do the Illinois papers show about the other parties?

Every counsel of record and every unrepresented party, by name, address, e-mail address and telephone number: Rule 17(d)(2) puts those details on or with the issued subpoena. The clerk’s file gets a copy of a nonparty request too, by Rule 201(o). See the contact list card.

Is a mailed subpoena proved differently?

Yes. Rule 204(a)(2) accepts as prima facie proof a return receipt showing delivery to the deponent or an authorized agent at least seven days before the appearance date, together with an affidavit that the mailing was prepaid and sent restricted delivery with the fee and mileage inside. See how it is served.

Witness & Objections

What is an Illinois witness owed in fee and mileage?

The statute fixes it: section 4.3 of the Circuit Courts Act, 705 ILCS 35/4.3, pays $20 per day and $0.20 per mile, counted both ways, and a deposition witness is paid at the same rates. See the witness fee card.

Does the witness have to obey before the fee is paid?

Not until the fee and mileage have been tendered. Illinois Supreme Court Rule 204(a)(2) makes a deponent’s duty to respond to a lawful subpoena depend on actual knowledge of it and on that tender. We advance any tender owed. The rule’s full wording is on the tender card.

Which Illinois court hears a motion to quash after service?

The circuit court of the county where discovery is to be conducted, applying this state’s rules and statutes, under section 6 of the Act. Section 2-1101 asks for good cause to quash or modify the subpoena, and a protective order is sought from that same local circuit court. See motions after service.

Can a witness ask an Illinois court for a protective order?

Yes. Section 6 of the Act sends the application to the circuit court of the discovery county, and Rule 201(c)(1) lets that court act on a witness’s motion, or on its own, to deny, limit, condition or regulate discovery as justice requires. The protective orders card quotes the rule in full.

Will an Illinois clerk issue a subpoena for health-care records?

Not if the records concern lawful health care activity, meaning reproductive health care or treatment of gender dysphoria or affirmation of gender identity, when not unlawful in Illinois, or the request serves an out-of-state law that interferes with rights under the Reproductive Health Act, unless an exception in section 3.5(c) of the Act applies and the requester attests to it under penalty of perjury. The health-care card quotes the section.

What should a recipient do with a subpoena that violates section 3.5?

Decline to comply. Section 3.5(d) of the Act tells a person or entity served with a subpoena reasonably believed to violate that section not to comply, and section 3.5(e) leaves a motion to modify or quash optional for the recipient or the patient. See a recipient’s duty.

Cost & Timing

Does the circuit clerk charge a fee?

Yes. The request is opened as a Miscellaneous Remedy case, and under section 27.1b of the Clerks of Courts Act the county board sets the clerk’s fees by ordinance or resolution unless the statute itself fixes the amount, payable in advance. Your written Served 123 LLC quote already includes that county’s fee. Route stop 3 covers the MR case.

Is there a set number of days for the clerk to act?

No. Section 3(b) of the Act and Rule 17(b) both say “promptly,” and neither names a number of days. Under Rule 17(c), a missing attestation or local-rule paper stops issuance altogether, and so does a request that does not comply with section 3.5. See route stop 4. Enter your compliance date as the Requested Deadline in the form so your written quote addresses it.

Is there a minimum gap between service and the deposition date?

Not in the Act or Rule 17. For mail service, Rule 204(a)(2) proof needs a return receipt showing delivery at least seven days before the appearance date, so a mailed subpoena goes out well ahead of the date it commands. See how it is served.

What deadlines apply to a records-only deposition?

Two dates count back from the deposition date in the notice. Rule 204(a)(4) wants the notice, with the subpoena attached, on file at least two weeks ahead, and every requesting party of record holding what was produced at least three days ahead. The notice also sets its own date certain for the copies, and meeting it is what excuses the appearance. See production without a deposition.

Domesticate Your Subpoena in Illinois

One written quote covers document preparation, the circuit clerk’s fee and service, when you order service.

Questions? Call (800) 321-2377

Nearby States: Indiana · Wisconsin · Iowa