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served subpoena for a deposition in a divorce case

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S

simkat_41

Guest
What is the name of your state? Illinos

I have been served with a subpoena to appear for a deposition in Chicago, Illinois at the end of this month. I was notified by regular mail, and then received a certified notification from our post office from the attorney.

This case involves close personal friends of 25 years who are divorcing.....I have been subpoenaed by the husband's attorney.......also asked to supply, memos, pictures, etc. - anything in my possession in regards to the husband and one of the daughter's who is 13 years of age............pornography, domestic violence, etc. is involved........

My problem is I live 304 miles from this attorney's office in which I am to appear. He sent a $25.00 check for my services and mileage..................I can't get a straight answer.........I have multiple sclerosis and am currently on disability and honestly, it would be quite difficult for me to drive this in one day myself (I actually was not able to drive due to vision loss for more than a year) and some days are better than others. I have attended some of the court proceedings in criminal court and divorce court with his wife, but it was very planned out......please just tell me whether or not I am entitled to compensation of more than $25.00..........Thank you very much
 


JETX

Senior Member
This is from the Illinois Rules of Civil Procedure:
"Rule Rule 45. Subpoena
(D) Subpoena for taking depositions - Place of examination.
(2) An individual may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of court. A nonresident of the state may be required to attend only in the state and county wherein he is served with a subpoena, or within forty [40] miles from the place of service, or at such other convenient place as is fixed by an order of court. A non-resident plaintiff may be required to attend at his own expense an examination in the county of this state where the action is commenced or in a county fixed by the court."

Based on the above, contact the attorney(s) and advise them that you will be glad to attend any deposition that they schedule in YOUR county unless they get an order from the court advising you otherwise.
 

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