Rule 10.17 - PRE-TRIAL SUBPOENA FOR PRODUCTION OF SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGSA. The Clerk of the Court shall issue subpoenas limited to the production of specified documents, objects or tangible things when requested by the prosecutor or the defendant. The subpoena shall require the person or entity to whom it is directed to produce the designated documents, objects or tangible things. Notice of the issuance of the subpoena to produce specified documents, objects or tangible things shall be given within 48 hours of issuance to all parties having appeared in action. Subpoenas shall be returnable before the judge assigned to the case at a time that the court is normally in session.B. Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.C. In cases where the documents, objects, or tangible things sought are protected under the privacy rules of the Federal Health Insurance Portability and Accountability Act (HIPAA), the party seeking the items shall give notice of the issuance of the subpoena, in accordance with subsection (E), to the person who holds the privacy privilege of the documents, objects, or tangible things involved.D. The person to whom a subpoena is directed who has actual or constructive possession or control of the specified documents, objects or tangible things sought by the subpoena shall respond to any lawful subpoena of which he has actual knowledge. Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing that the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and mileage was enclosed.E. The person to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects or tangible things, may comply with a said subpoena, without personal appearance, by providing complete and legible copies to the court together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.F. A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of the said subpoena or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action: YOU MAY COMPLY WITH THIS SUBPOENA BY APPEARING IN PERSON IN COURT ON THE RETURN DATE WITH THE SUBPOENAED MATERIALS. YOU ALSO MAY COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE (5) DAYS BEFORE THE DUE DATE TO JUDGE ____________________IN COURTROOM___________, MCHENRY COUNTY GOVERNMENT CENTER, 2200 NORTH SEMINARY AVENUE, WOODSTOCK, ILLINOIS 60098.
COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED.
DO NOT SEND THESE MATERIALS TO ANYONE OTHER THAN THE JUDGE STATED ABOVE.
G. A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects and tangible things attached hereto represent full and complete compliance with said subpoena.
Date: ______________________
Signature: __________________
Print Name: _________________
Ill. R. Cir. Ct. McHenry Cnty. 10.17