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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?

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Attorney answers 2

Posted

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.

Posted

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.

Judy A. Goldstein

Judy A. Goldstein

Posted

Except that this is not a new case and so the 30 day requirement does not apply here.

J. Richard Kulerski

J. Richard Kulerski

Posted

In reading my answer again, I agree I was unclear. I know that a post-judgment case is not a new case. I assumed that that everyone knew that summonses were only used in new cases, and that 99% of all post-judgment cases are started via notices of motion, which are not accompanied by a summons. I caused confusion where none should have existed.

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