Rule 209.Failure to Attend or Serve Subpoena; Expenses
Article II. Rules on Civil Proceedings in the Trial Court · Part E. Discovery, Requests for Admission, and Pretrial Procedure · Last amended 2021 · Last verified July 20, 2026
In one sentenceRule 209 makes a party pay the other side's costs when it notices a deposition and then no-shows, or forgets to subpoena the witness who then doesn't appear.
(a)Failure to Attend or to Proceed; Expenses. If the party serving notice of the taking of a
deposition fails to attend or to proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party serving the notice to pay to the other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney’s fees.
(b)Failure to Serve Subpoena or Notice; Expenses. If the party serving notice of the taking of a deposition fails to serve a subpoena or notice, as may be appropriate, requiring the attendance of the deponent and because of that failure the deponent does not attend, and if another party attends in person or by attorney because he expects the deposition of that deponent to be taken, the court may order the party serving the notice to pay to the other party the amount of the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney’s fees.
(c)For the purposes of this rule, attendance encompasses appearing in person, by attorney, or remotely, including by telephone or video conference.
Plain-English Summary
If a party sets up a deposition and then doesn't show up or doesn't go forward with it, and another party attends anyway expecting it to happen, the court can order the no-show party to cover the attending party's reasonable expenses, including attorney's fees.
The same goes for a party who notices a deposition but fails to serve the subpoena or notice needed to bring the deponent in — if that failure leaves a witness absent and another party shows up expecting the deposition to happen, the court can shift the wasted expense onto the party who dropped the ball.
Attendance under this rule covers more than walking into a room: appearing by attorney or by phone or video conference counts too, so a party can't dodge these consequences just because everyone connected remotely.
Frequently Asked Questions
What happens if a party notices a deposition and then doesn't show up?
The court can order that party to pay the reasonable expenses, including attorney's fees, of a party who attended expecting the deposition to proceed.
What if the deponent never got the subpoena needed to require attendance?
If that failure to serve causes the deponent to miss the deposition, the court can shift the other side's wasted expenses to the party who noticed it.
Does attending by phone or video count as attendance under Rule 209?
Yes, the rule treats remote attendance the same as appearing in person or by attorney.
Can attorney's fees be recovered under Rule 209?
Yes, reasonable attorney's fees are included in the expenses a court can order paid.
Who bears the loss if a deposition falls through because of a scheduling failure?
The party responsible for the failure to attend or to serve the subpoena — the rule shifts the wasted cost to whoever caused it.
Committee Comments
Paragraphs (a) and (b) of this rule are former Rule 19-6(6), with a language revision in paragraph (b), but no change of substance.
Amendment History
Amended Sept. 29, 2021, eff. Oct. 1, 2021.
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:failure to attend depositiondeposition expensesno-show deposition sanctionsunserved subpoena expenses