Do I Have to Respond to an Out-of-State Subpoena?

Yes, because of legal requirements under the Illinois Uniform Interstate Depositions and Discovery Act (UIDDA), you have to respond to an out-of-state subpoena. Our Chicago personal injury law firm explains why.

What is The Uniform Interstate Depositions and Discovery Act

Illinois has the Uniform Interstate Depositions and Discovery Act (735 ILCS 35/1 et seq.), which is part of the legal landscape that streamlines the process for subpoenas and depositions across states. By 2025, all states except New Hampshire will have similar statutes that adopted the UIDDA.

The law permits out-of-state attorneys to submit a subpoena to the court clerk of any Illinois circuit court. Upon receipt, the clerk issues an Illinois version of the subpoena, enabling the attorney to serve out of state witnesses according to Illinois’ own rules of civil procedure.

What Is a Subpoena?

A subpoena is a legal document that is issued for two main reasons: to produce documents or other evidence, or to compel oral testimony.

If the subpoena is for documents, generally, no appearance is needed. If it’s for testimony, it could be for a deposition or appearance in front of a judge and jury. It is important to determine the type of subpoena to comply appropriately and on time.

Comply with In-State and Out-of-State Subpoenas

If your presence is required—even if you are an out-of-state witness—and you don’t appear, the judge may issue a rule to show cause or a warrant for your arrest. Attorneys and judges take subpoenas very seriously, so it’s in your best interest to comply.

If you have obligations on the subpoena date, contact the attorney or office issuing it to agree on a suitable date.

How is Cook County Different?

Cook County follows the same procedures as the rest of Illinois. An out-of-state attorney must send their subpoena to the Clerk of the Circuit Court of Cook County, who will then serve the valid Illinois version to the recipient. As with the rest of the state, everything must be filed electronically.

What Is a Federal Case?

A federal case is a legal matter that falls under the jurisdiction of the United States federal courts, rather than state courts. These cases typically involve violations of federal laws or disputes between parties from different states.

If you receive an out-of-state subpoena from a process server for a federal case, you must still respond to it even if you are not located within the federal district where the case is being heard. This is because the UIDDA applies to both state and federal court enforcement proceedings.

Do I Have to Respond to an Out-of-State Subpoena?

Yes. The UIDDA allows for proper service of a subpoena in Illinois by an out-of-state attorney. Your obligation to respond is the same as if the subpoena came from Illinois.

How Do I Schedule a Deposition?

You’ll need to arrange a deposition with the issuer, either locally, by phone, or via video call.

Can I Issue Out-of-State Subpoenas for My Lawsuit?

If a settlement isn’t reached and a lawsuit is filed, years may pass between the accident and discovery. During this time, witnesses or doctors might relocate. Assuming the person you need isn’t in a state not participating in the UIDDA, your attorneys can use this law to support your injury claim.

Sometimes, an insurance company disputes how an accident happened. Using the UIDDA to get an unbiased out-of-state witness’s testimony could be crucial for fair compensation.

Are There Filing Fees for Subpoenas?

Yes, there are filing fees associated with issuing out-of-state subpoenas. The clerk of the circuit court will charge a fee for issuing the subpoena and serving it to the recipient. Check with the specific county’s clerk office for their current fees.

How Can The Kryder Law Group, LLC Accident and Injury Lawyers Help Me?

The UIDDA allows attorneys to advance cases across state lines by serving subpoenas where state laws or local ones don’t apply. Properly served subpoenas are enforceable by court order. For legal questions, contact us for help.

As a leading personal injury firm in Chicago, we are legal professionals who have decades of experience in federal court matters. We work with adjusters to maximize compensation, helping thousands of clients in Illinois get the compensation they deserve.

Contact us for a free, confidential consultation.