In a new piece of legislation, 735 ILCS 35/1, et seq., Illinois joins more than three dozen other states in enacting some form of the Uniform Interstate Deposition and Discovery Act. The act creates a simpler means in which to conduct discovery out of state. This will make it easier for lawyers in Illinois to issue subpoenas for out-of-state discovery in a pending local case.
The limitation of the new statute will allow Illinois lawyers to conduct discovery outside of Illinois in those states that have adopted the same or similar act.
The act requires minimal judicial oversight and eliminates the need for obtaining a commission, local counsel and filing a miscellaneous action in the state in which the discovery is being done. Gov. Bruce Rauner signed SB45, enacting the law in Illinois on July 20, 2015. The law applies to actions that were pending as of Jan. 1, 2016.
Neighboring states such as Missouri and nearby Arkansas have not enacted some form of this law.
Under the new law, a lawyer can simply prepare a subpoena in the form applicable to the state in which the underlying action is pending and submit the foreign subpoena to the circuit court clerk in the county where discovery is being sought. The court clerk in the Illinois county issues an Illinois version of the same subpoena and the party seeking the discovery may serve and enforce the subpoena in accordance with Illinois rules. The act makes conducting the out-of-state discovery more efficient and less expensive and it implements clear rules governing discovery with minimal judicial oversight.
Even though the Uniform Interstate Deposition and Discovery Act is the premise for the change in law, not all of the participating states have exactly the same law. Therefore, lawyers should first check to see whether the state where they seek to take discovery has enacted the same form or some form of Uniform Interstate Deposition and Discovery Act.
Kreisman Law Offices has been handling civil jury trials, catastrophic injury cases, birth trauma injury cases and medical negligence cases for individuals and families for more than 40 years, in and around Chicago, Cook County and its surrounding areas including, Elmhurst, Elk Grove Village, Countryside, Mount Prospect, Park Ridge, Algonquin, Rolling Meadows, Maywood, Melrose Park, Elmwood Park, Winnetka, Glenview, Northfield, Vernon Hills, Wheeling, Buffalo Grove, Chicago (Wicker Park, Bucktown, Lincoln Square, Lincoln Park, Little Italy, Chinatown, Pullman, Pilsen), Schaumburg, Schiller Park and Deerfield, Ill.
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