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Sample Document For Subpoena In Connection With Administrative Appeal


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I have reviewed a number of petitions for Administrative Hearings in connection with FCCL Review Board denial, and at this point most of them seem to have all of the basic elements to start the process with a valid complaint. What I have yet to see which I view as a SCREAMING NEED is someone or some combination of people need to produce a sample subpoena in proper format that can be submitted to the clerk of the court after the petition is filed so that the process of getting the ISP and the Review Board to turn over the evidence and information they used to reach their adverse determination sooner than later is necessary. I would strongly discourage waiting the four months or so until a court date to get a subpoena issued. At a minimum, it forces you to get a second date for a hearing and wait..who knows,...another four months for a second date. There is no reason why you can't file a document and have it served on whomever has the information almost immediately after you petition. Once they have that and start to respond, the sooner you receive information, the sooner you can start building your case. I will see what I can do to start putting something together....but I think it is worth putting the thought out there.

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Had an answer typed, then lost it. I'll try again.

 

Google "Subpoena Duces Tecum". It is served upon the keeper of the records, specifies the records sought and specifies a time and date for production of same. Be aware that said Subpoena can be, and likely will be objected to, and then there will be a hearing on the merits of the propriety of the Subpoena, itself. The objection can be on behalf of the party served, a third party who may be affected by disclosure, any other party to the lawsuit or who knows and for whatever reason.

 

Good luck.

 

Bushy

 

Edit to add, a civil subpoena used to require a check accompany service sufficient to cover the transportation costs of the person served from where that person is, to the location to where the documents must be produced. The check should also cover the reasonable costs to produce (copy, etc.) the docs, themselves.

 

I don't know that this is still the case, but the topic will be covered by the rules of the court and/or civil procedure.

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I filed a summons that was served. It is below.

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

MOULTRIE COUNTY, ILLINOIS

 

Jonathan J. Book, )

Plaintiff, )

)

vs. ) 14-MR-

)

THE ILLINOIS DEPARTMENT OF )

STATE POLICE and HIRAM GRAU, )

Director of The Illinois Department of )

State Police, in his official capacity )

Defendants. )

 

 

SUMMONS

 

TO: The Illinois Department of State Police Hiram Grau

Division of Administration Director of The Illinois Department

801 South Seventh Street of State Police

Suite 400-M 801 South Seventh Street

Springfield, IL 62703 Suite 1000-S

Springfield, IL 62703

 

You are hereby summoned and required to file an answer in this cause or otherwise file your appearance in the office of the Clerk of this Court within thirty-five (35) days after the date of this Summons.

This Summons is served upon you by certified mail pursuant to the provisions of the Administrative Review Act.

 

Witness:

(Seal of Court)

 

Clerk of the Circuit Court

 

(Name and address)

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That is not even close to the type of subpoena I am referring to. A properly drafted document would probably be a half dozen pages long and would be VERY SPECIFIC and PRECISE in the list of items it asked for. When sending a subpoena it is critical that the list of items being requested be as detailed as possible and do the best it can to list as many of the specific items that are being sought as possible. There are an unlimited number of examples where an item isn't provided because the person making the request doesn't ask for the specific item by its specific name. For example, if you refer to a "rap sheet" in your request and the agency that you are asking for it from calls it a "record of arrests" if you don't ask for the document by their name, you may not get anything from them.....that is why I asked the original question.

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