Claimants' Requests for Subpoenas for Testimony or Documents Court of Claims

Statutory Authorization

In part the Title 74 Ill Admin Code Section 790.155 -Subpoenas. states:

  1. Part (a) states in part that the Court may issue subpoenas through the Chief Justice or one of its Judges or Commissioners…
  2. Part( b) states in part that the Clerk of the Court of Claims shall issue subpoenas on behalf of the Chief Justice, the Judges or Commissioners… and…
  3. Part (d) indicates that the Clerk may issue subpoenas on behalf of a party requesting issuance provided there is a valid request to the Clerk.

Policy Mandate

As the Secretary of State, ex officio, shall be Clerk of the Court per the Court of Claims Act, his signature shall be affixed to the subpoenas per Title 74 Ill Admin Code Section 790.155 Parts (b) and (d) above. As the Secretary may appoint a Deputy Clerk who shall be an officer of the court, to act in his stead, per the Court of Claims Act, this individual may affix his or her signature upon any Subpoena issued, in addition to or alternatively with the Signature of the Secretary of State.

The aforementioned signature (s), along with the signature of the Chief Justice of the Illinois Court of Claims are required any Subpoenas to authorize and compel the production of any person to testify at a hearing or at trial, or to produce documents for use in litigation before the Illinois Court of Claims. Those official signatures shall be affixed manually or by other legally sufficient means. Effective Nov.1, 2015, the signature of Secretary of State or his Deputy Clerk may be affixed by duly authorized electronically encrypted signature technology utilized by the Office of the Secretary of State.

Effective Date: November 1, 2015