Skip to main content

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

Posted

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.

Mark as helpful

2 lawyers agree

Posted

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.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

Yes, and yes.

Mark as helpful

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics