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Do you have to send a notice of deposition when sending out a subpoena for deposition (records only)?

White Hall, IL |
Filed under: Discovery

Other party sent out subpoena for deposition (records only) but I never received a "notice of Deposition" the records were apprantly mailed to the other party and then other party mailed to records to me? Shouldn't I have received notice?

Other party says they didn't send notice because it was records that the other party was entitled to anyways. ie minors medical and education records.

Attorney Answers 4

  1. If you are a party, you are entitled to notice.

  2. Notice of the issuance of the subpoena must be served upon the other parties, even if the subpoena is just for records.

  3. I watched this issue debated in court yesterday. None of the lawyers or the judge could cite such a rule.
    Of course, the judge dealt with it another way, but it made me wonder, without the time to research it, is there such a Rule?

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