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Was this subpoena issued correctly?

Clinton, IL |

Petition/Rule to show cause mailed 8/16/13. Same person who filed petition sent subpoenas for records only on 9/06/13 for a return date of 9/16/13. Don't I have to answer before discovery can begin?

Attorney Answers 2

  1. This is not the initiation of a new case, which is when discovery cannot begin until an appearance is filed. The return on the subpoena, while not long, is proper.

  2. The "no action for 30 days rule" applies to new cases only. Since the person who was just served with summons has 30 days appear, it would be inappropriate to jump the gun during the 30 days.