Illinois Compiled Statutes 775 ILCS 5/8-104 – Compulsory Process
Current as of: 2024 | Check for updates
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(A) Subpoenas. Any member of the Commission may issue a subpoena:
(1) At the request of the Department to facilitate
(1) At the request of the Department to facilitate
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its investigation; or
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(2) At the request of a party to a proceeding which
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is the subject of a complaint pending before the Commission.
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(B) Form. The subpoena shall be on a form prescribed by the Commission in its rules and regulations, and a copy of the subpoena shall be served upon all parties of record by the party requesting the subpoena.
(C) Content. A subpoena may be issued when necessary to compel the attendance of a witness or to require the production for examination of any relevant books, records or documents whatsoever.
(D) Contests.
(1) On motion of the person to whom the subpoena is
Terms Used In Illinois Compiled Statutes 775 ILCS 5/8-104
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(C) Content. A subpoena may be issued when necessary to compel the attendance of a witness or to require the production for examination of any relevant books, records or documents whatsoever.
(D) Contests.
(1) On motion of the person to whom the subpoena is
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directed or a party, and for good cause shown the Commission or the hearing officer presiding in the case may quash or modify any subpoena;
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(2) In the case of a subpoena duces tecum issued and
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served at the request of the Department, the Commission or the hearing officer presiding in the case shall upon request order the Department to pay the reasonable expense of producing or providing any item specified in the subpoena.
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(E) Enforcement.
(1) When anyone fails or refuses to obey a subpoena,
(1) When anyone fails or refuses to obey a subpoena,
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the Commission, through a panel of 3 members, shall authorize Commission staff to prepare and file a petition for enforcement in the circuit court of the county in which the person to whom the subpoena was directed resides or has his or her principal place of business.
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(2) Not less than five days before the petition is
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filed in the appropriate court, it shall be served on the person along with a notice of the time and place the petition is to be presented.
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(3) Following a hearing on the petition, the circuit
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courts shall have jurisdiction to enforce subpoenas issued pursuant to this Section.
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(F) Witnesses.
(1) If any witness whose testimony is required for
(1) If any witness whose testimony is required for
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hearing resides outside the state, or through illness or any other good cause as determined by the hearing officer is unable to testify at the hearing, his or her testimony or deposition may be taken, within or without the State, in the same manner as is provided for in the taking of depositions in civil cases in circuit courts.
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(2) Witnesses subject to subpoena shall be paid the
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same fees and mileage as are paid witnesses in the circuit courts of this state, and witnesses whose depositions are taken or the person taking them shall be entitled to the same fees as are paid for like services in the circuit courts of this State.
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(G) Service of Process.
(1) Except as otherwise provided in this Act,
(1) Except as otherwise provided in this Act,
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complaints, orders and other process and proper papers shall be served in accordance with such rules and regulations as the Commission may from time to time prescribe. The verified return of the individual making service in accordance with this Section and setting forth the manner of such service shall constitute proof of service.
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(2) For the purposes of this Act, any documents
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served upon any officer of a labor organization shall be sufficient to acquire jurisdiction against such labor organization, or labor union, or voluntary unincorporated union association, and all of its officers, members and representatives.
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