Article I. General Rules · Last amended 2023 · Last verified July 20, 2026
In one sentenceRule 17 sets the procedure for a circuit court clerk to issue an Illinois subpoena honoring a discovery request from another state's court under the Uniform Interstate Depositions and Discovery Act.
(a)Application. This Rule applies to any request for subpoena pursuant to the Uniform
Interstate Depositions and Discovery Act (735 ILCS 35/1 et seq.) The definitions contained in the Uniform Interstate Depositions and Discovery Act shall apply in this Rule.
(b)Issuance of Subpoena. To request issuance of a subpoena pursuant to the Uniform Interstate Depositions and Discovery Act, a person shall submit to a clerk of the circuit court in the county in which discovery is sought to be conducted the following:
(1)a foreign subpoena;
(2)an attestation form fully completed under penalty of perjury in the form authorized by the Supreme Court and found in the Article I Forms Appendix;
(3)any other documentation required by local circuit court rule; and
(4)any other document required by the Uniform Interstate Depositions and Discovery Act. Upon receipt of all required documentation and in accordance with the circuit court's procedure, the clerk of the circuit court shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed unless prohibited under paragraph (c) of this rule. The clerk of the circuit court shall maintain records as required by the Manual on Recordkeeping.
(c)The clerk of the circuit court shall not issue a subpoena if the person requesting the subpoena fails to submit all documents as required by paragraph (b) of this rule. The clerk of the circuit court shall not issue a subpoena if the request for issuance is not in compliance with section 3.5 of the Uniform Interstate Depositions and Discovery Act (735 ILCS 35/3.5).
(1)incorporate the terms used in the foreign subpoena;
(2)contain or be accompanied by the names, addresses, e-mail 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;
(3)comply with all local circuit court rules; and
(4)comply with all requirements of the Uniform Interstate Depositions and Discovery Act.
(e)Service. A person serving a subpoena issued pursuant to the Uniform Interstate Depositions and Discovery Act shall file a certificate of service with the clerk of the circuit court and serve the recipient of the subpoena with the certificate of service, subpoena issued by the clerk of the circuit court, and a copy of all documents submitted to the clerk of the circuit court. Service shall be made in compliance with Rules 204 and 237 and section 2-1101 of the Code of Civil Procedure.
Plain-English Summary
Rule 17 fills in the mechanics for out-of-state discovery requests. A person seeking discovery in Illinois for a case pending elsewhere submits the foreign subpoena, a completed attestation form, and any other required documents to the clerk of the circuit court in the county where discovery will happen.
Once the clerk has everything required, and the request complies with the Uniform Interstate Depositions and Discovery Act, the clerk must promptly issue a matching Illinois subpoena. The Illinois subpoena has to track the terms of the foreign subpoena, include contact information for counsel and unrepresented parties, and comply with local circuit court rules. The clerk cannot issue the subpoena if the submission is incomplete or does not meet the statute's requirements.
Serving the subpoena requires filing a certificate of service and delivering a copy of everything submitted to the clerk, following the same service rules that apply to other discovery subpoenas and to service under the Code of Civil Procedure.
Frequently Asked Questions
What is a foreign subpoena under Rule 17?
A subpoena issued by a court outside Illinois seeking discovery, which Rule 17 lets a person register with an Illinois circuit clerk to obtain a matching Illinois subpoena.
What do I need to submit to get an Illinois subpoena for out-of-state litigation?
The foreign subpoena itself, a completed attestation form, and any other documents required by local rule or the Uniform Interstate Depositions and Discovery Act.
Can a clerk refuse to issue the Illinois subpoena?
Yes, if the required documents are missing or the request does not comply with section 3.5 of the Uniform Interstate Depositions and Discovery Act.
Does the Illinois subpoena have to match the foreign subpoena's terms?
Yes. Rule 17(d) requires the Illinois subpoena to incorporate the terms used in the foreign subpoena.
How do I serve a subpoena issued under Rule 17?
In compliance with Rules 204 and 237 and section 2-1101 of the Code of Civil Procedure, along with filing a certificate of service with the clerk.
Committee Comments and Commentary
Rule 17 and its corresponding authorized attestation form were created in response to the amendments to the Uniform Interstate Depositions and Discovery Act (735 ILCS 35/1 et seq.) contained in Public Act 102-1117 (eff. Jan. 13, 2023).
Amendment History
Adopted Mar. 17, 2023, eff. immediately.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:out of state subpoena illinoisuniform interstate depositions and discovery actforeign subpoena procedureissuing subpoena for another state caseinterstate discovery subpoena