2-1101.Subpoenas.

Article II. Civil Practice · Part 11. Trial · Last amended 2009 · Last verified July 20, 2026

In one sentenceLets court clerks and licensed attorneys issue subpoenas for witnesses without a judge's order, while giving the court power to quash or condition them and to referee fee disputes with a subpoenaed expert witness.

Full Text of 735 ILCS 5/2-1101

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The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall refuse so to do shall be guilty of a petty offense and fined any sum not to exceed $100. An attorney admitted to practice in the State of Illinois, as an officer of the court, may also issue subpoenas on behalf of the court for witnesses and to counties in a pending action. An order of court is not required to obtain the issuance by the clerk or by an attorney of a subpoena duces tecum. For good cause shown, the court on motion may quash or modify any subpoena or, in the case of a subpoena duces tecum, condition the denial of the motion upon payment in advance by the person in whose behalf the subpoena is issued of the reasonable expense of producing any item therein specified. In the event that a party has subpoenaed an expert witness including, but not limited to physicians or medical providers, and the expert witness appears in court, and a conflict arises between the party subpoenaing the expert witness and the expert witness over the fees charged by the expert witness, the trial court shall be advised of the conflict. The trial court shall conduct a hearing subsequent to the testimony of the expert witness and shall determine the reasonable fee to be paid to the expert witness.

End

Plain-English Summary

The clerk of any court with a pending action must issue subpoenas for witnesses, in whatever counties the parties need, on request. A clerk who refuses commits a petty offense punishable by a fine of up to $100. An attorney admitted to practice in Illinois, acting as an officer of the court, may also issue subpoenas -- including a subpoena duces tecum -- without needing a separate court order.

For good cause, the court may quash or modify any subpoena, and for a subpoena duces tecum, may condition denial of a motion to quash on the requesting party's advance payment of the reasonable expense of producing the specified items.

The section also addresses a narrower problem: if a subpoenaed expert witness, such as a physician or medical provider, testifies and a fee dispute arises between that expert and the party who subpoenaed them, the trial court must be told of the conflict and hold a hearing after the testimony to set a reasonable fee.

Frequently Asked Questions

Does a party need a judge's permission to subpoena a witness?

No. The clerk or an attorney may issue a subpoena on the court's behalf without a court order, and no order is required for a subpoena duces tecum either.

What happens if a clerk refuses to issue a subpoena?

The clerk commits a petty offense punishable by a fine of up to $100.

Can a subpoena be challenged?

Yes. The court may quash or modify it for good cause, and for a subpoena duces tecum may require advance payment of production costs.

What if an expert witness disputes the fee offered after testifying?

The trial court holds a hearing after the testimony and determines the reasonable fee.

Who can issue subpoenas besides the clerk?

Any attorney admitted to practice in Illinois, acting as an officer of the court.

Amendment History

(Source: P.A. 95-1033, eff. 6-1-09.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: illinois subpoena duces tecumattorney-issued subpoena illinoisexpert witness fee dispute illinoisquash subpoena illinois civil case