2022 Illinois Compiled Statutes
Chapter 735 - CIVIL PROCEDURE
735 ILCS 35/ - Uniform Interstate Depositions and Discovery Act.

(735 ILCS 35/1)

Sec. 1. Short title. This Act may be cited as the Uniform Interstate Depositions and Discovery Act.

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/2)

Sec. 2. Definitions. In this Act:

(1) "Foreign jurisdiction" means a state other than this State.

(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.

(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

(5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:

• (A) attend and give testimony at a deposition;
• (B) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
• (C) permit inspection of premises under the control of the person.

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/3)

Sec. 3. Issuance of subpoena.

(a) To request issuance of a subpoena under this Section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this State. A request for the issuance of a subpoena under this Act does not constitute an appearance in the courts of this State.

(b) When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed unless issuance is prohibited by Section 3.5.

(c) A subpoena under subsection (b) must:

• (A) incorporate the terms used in the foreign subpoena; and
• (B) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 35/3.5)

Sec. 3.5. Unenforceable foreign subpoenas.

(a) If a request for issuance of a subpoena pursuant to this Act seeks documents or information related to lawful health care activity, as defined in the Lawful Health Care Activity Act, or seeks documents in support of any claim that interferes with rights under the Reproductive Health Act, then the person or entity requesting the subpoena shall include an attestation, signed under penalty of perjury, confirming and identifying that an exemption in subsection (c) applies. Any false attestation submitted under this Section or the failure to submit an attestation required by this Section shall be subject to a statutory penalty of $10,000 per violation. Submission of such attestation shall subject the attestor to the jurisdiction of the courts of this State for any suit, penalty, or damages arising out of a false attestation under this Section.

(b) No clerk of court shall issue a subpoena based on a foreign subpoena that:

• (1) requests information or documents related to lawful health care activity, as defined in the Lawful Health Care Activity Act; or
• (2) is related to the enforcement of another state's law that would interfere with an individual's rights under the Reproductive Health Act.

(c) A clerk of court may issue the subpoena if the subpoena includes the attestation as described in subsection (a) and the subpoena relates to:

• (1) an out-of-state action founded in tort, contract, or statute brought by the patient who sought or received the lawful health care or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient, and for which a similar claim would exist under the laws of this State; or
• (2) an out-of-state action founded in contract brought or sought to be enforced by a party with a contractual relationship with the individual whose documents or information are the subject of the subpoena and for which a similar claim would exist under the laws of this State.

(d) Any person or entity served with a subpoena reasonably believed to be issued in violation of this Section shall not comply with the subpoena.

(e) Any person or entity who is the recipient of, or whose lawful health care is the subject of, a subpoena reasonably believed to be issued in violation of this Section may, but is not required to, move to modify or quash the subpoena.

(f) No court shall issue an order compelling a person or entity to comply with a subpoena found to be in violation of this Section.

(g) As used in this Section, "lawful health care" and "lawful health care activity" have the meanings given to those terms in Section 28-10 of the Lawful Health Care Activity Act.

(h) The Supreme Court shall have jurisdiction to adopt rules for the implementation of this Section.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 35/4)

Sec. 4. Service of subpoena. A subpoena issued by a clerk of court under Section 3 must be served in compliance with Illinois Supreme Court Rules 204 and 237 and Section 2-1101 of the Code of Civil Procedure.

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/5)

Sec. 5. Deposition, production, and inspection. With respect to depositions, production of documents or other tangible items, or inspections of premises, Illinois Supreme Court Rules 204 and 237 and Section 2-1101 of the Code of Civil Procedure apply to subpoenas issued under Section 3.

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/6)

Sec. 6. Application to court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Section 3 must comply with the rules or statutes of this State and be submitted to the court in the county in which discovery is to be conducted.

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/7)

Sec. 7. Uniformity of application and construction. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/8)

Sec. 8. Application to pending actions. This Act applies to requests for discovery in cases pending on the effective date of this Act.

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/9)

Sec. 9. (Blank).

(Source: P.A. 99-79, eff. 1-1-16.)

(735 ILCS 35/9.5)

Sec. 9.5. Limitation. A subpoena issued under this Act may not require compliance outside a deponent's county of residence in the State of Illinois.

(Source: P.A. 99-79, eff. 1-1-16.)