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Do I need to send notice to the opposing counsel when issuing a subpoena signed by the clerk of the court in my divorce case?

Chicago, IL |
Filed under: Discovery

Do I need to give notice that I am subpoenaing records only to the opposing counsel? If so, how much notice? Do I need to give copies of the records once received? Can the opposing counsel try to stop my subpoenas? Thank you.

Attorney Answers 3


I believe this may have been asked and answered yesretday. The question is familiar. Notice must be sent for subpoenas for records or deposition. Notice need not be sent for a subpoena for trial but there may be a requirement of disclosure of witnesses.

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Agreed. In addition, if it's for records I send them a copy of what I get. I do this because when I'm on the other side of this, I like getting copies instead of serving a 204(a)(4) request.

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Yes, and yes.

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