Rule 3.08 - LOCAL SUBPOENA RULES, PRETRIAL DISCOVERYA.Subpoena for Production of Specified Documents, Objects or Tangible Things. Upon request, the Clerk of the Court shall issue a subpoena limited to the production of specified documents, objects, or tangible things. The subpoena shall direct the person or entity to whom it is directed to produce the designated documents, objects, or tangible things. Any item may be sought that constitutes or contains evidence relating to any of the matters within the scope of the examination permitted under the Supreme Court Rules. No oral examination of any person served or responding to a subpoena issued pursuant to this rule is permitted.B.Service of Subpoenas. Subpoenas issued pursuant to this rule shall be served in accordance with the Supreme Court Rules. A copy of said subpoena and notice of service shall be served within 48 hours of issuance upon all parties who have appeared in action. The manner and form of service shall appear on the subpoena.C.Compliance. The recipient of a subpoena 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 provided payment of the fee and mileage has been tendered. 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 and an affidavit showing that the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, the date, and address of delivery, along with a check or money order for the fee and mileage enclosed.D. The recipient of the subpoena 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 forwarding complete and legible copies by first class prepaid mail to the party or attorney causing the subpoena to have been issued. The person or custodian of records of the entity responding to the subpoena shall certify in writing that compliance is complete and accurate.E.Subpoena to Bear Legend. 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: YOU MAY COMPLY WITH THIS SUBPOENA BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA TO THE PARTY OR LAW FIRM WHOSE ADDRESS APPEARS BELOW. COMPLIANCE REQUIRES A CERTIFICATION THAT THE DOCUMENTS, OBJECTS OR TANGIBLE THINGS PROVIDED ARE COMPLETE AND ACCURATE AND CONSTITUTE GOOD FAITH COMPLIANCE WITH THE MATERIALS REQUESTED BY SAID SUBPOENA.
F.Objections. No subpoena issued under this provision may be returnable less than 14 days following its date of service. Within said 14 days, any party may timely object to the utilization of the subpoena and, for a good cause shown by the objecting party, the court may quash said subpoena or impose such conditions or limitations as the court deems equitable.G.Costs and Copies. The party causing the subpoena to be issued shall be liable to the party subpoenaed for the reasonable costs of copying or reproduction. The court may enter such orders as may be necessary to enforce the payment of said copying costs or apply any sanction authorized by Supreme Court Rule 219.H. Any party may request copies of all materials obtained by any party pursuant to this rule. Expenses of copying shall be borne by the party requesting copies and said materials should be reproduced and forwarded to the requesting party not less than ten (10) business days following receipt of the subpoenaed materials.I.Failure to Comply with Subpoena. If any party or person unreasonably refuses to comply with this rule or any order entered under this rule, the court may find a said person or party in contempt and punish said party or person accordingly, and impose any sanction authorized by Supreme Court Rule 219.Ill. R. Cir. Ct. McHenry Cnty. 3.08