Illinois Adopts Uniform Interstate Depositions and Discovery Act

Illinois Adopts Uniform Interstate Depositions and Discovery Act

By: Kristen E. O’Neill

On July 20, 2015, Governor Rauner signed into law a bill that enacts the Uniform Interstate Depositions and Discovery Act (the “Act”). The Act reduces the costs and simplifies the process of litigation in cases where it is necessary to engage in discovery, such as the production of documents or taking of depositions, of individuals that are located in other states. The Act has been adopted in thirty-eight (38) states and has been introduced for consideration by the legislature in several others.

Prior to the adoption of the Act, an out of state litigant seeking to issue a subpoena to an individual or entity in Illinois was required to file a petition with the Illinois court located in the county where the individual or entity resides, is employed, or transacts business. For example, if a lawsuit pending in Wisconsin, involving a car accident in Wisconsin, was witnessed by an individual who resides in Cook County, Illinois, the parties to the lawsuit would be required to issue a subpoena in Wisconsin, institute an action and file a petition with the Cook County Circuit Court, obtain an order from the Cook County court, and then issue a subpoena in Illinois for testimony of the witness.

Under the Act, this process is streamlined.  An out of state litigant seeking to subpoena a witness in Illinois must simply submit a subpoena issued in another state to the clerk of the court in Illinois, who will then issue an Illinois subpoena for service on the witness in Illinois. Although the Act simplifies the procedure of obtaining a subpoena in an out of state case, subpoenas issued in Illinois are still governed by the Illinois Supreme Court Rules and Illinois state law, including rules regarding the service of subpoenas, motions to quash subpoenas, and the taking of depositions.

If you have any questions regarding the State of Illinois’ adoption of the Uniform Interstate Depositions and Discovery Act, please contact:

Kristen E. O’Neill at:

(312)368-0100 or koneill@lgattorneys.com.

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