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If the person is already a party in the case, you do not have to complete a subpoena. Most subpoenas are used to require a person who is not already a party in the case to attend the hearing or bring documents.
#MOTION TO QUASH SUBPOENA COOK COUNTY ILLINOIS TEMPLATE HOW TO#
If you have received a Notice to Attend Hearing or Trial and want to object, click to learn how to object.Ī subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify.If you want to file a Notice to Attend Hearing or Trial, click to learn how to file.Read more about situations when the Notice to Attend Hearing or Trial may help you. See the instructions below to understand the process.) Also, the notice to attend can usually be served by mail on the other party’s lawyer (or on the other party without an lawyer), whereas a subpoena has to be served in person. (You can just file it with the court after it is served. So, you can avoid an extra trip to the courthouse to have the clerk file or process it. For example, the notice does not have to be issued by the court before it is served.
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The Notice to Attend has the same effect as a subpoena, but is easier to complete. It also tells the party when and where the hearing or trial will take place. Click on any of them to learn more.Ī “Notice to Attend” (also known as a “Notice in Lieu of Subpoena”) is a written notice that requires the other party to attend the court hearing (or trial). To make sure the other party has to come to court and/or bring certain documents, you have 3 main options. If this is the case, you may need to make sure that the other party in your case actually comes to court, so that the judge can order him to testify or produce the documents you need. For example, you may want the other party to testify in front of the judge or you may want him or her to bring certain documents to court because they will help you prove your case or give you information you or the judge will need. Sometimes, you may want the other party in your case to be present in court. But since the other party is not present, the judge cannot make him or her testify nor consider documents that may only be in that party’s possession. If the other side does not show up or just his or her lawyer appears, the judge may still be able to make the orders you request based on information that the court receives from other sources, including information that you provide. If the party has a lawyer, the lawyer can attend for his or her client. When you file and serve a Request for Order ( Form FL-300) or a Notice of Trial where you ask the court to make specific orders, the law does not require that the other party in the case go to the scheduled hearing (or trial).