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Sending Subpoena to Minor Children

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  • 09-12-2013, 09:30 PM
    williteverend
    Sending Subpoena to Minor Children
    My question involves a marriage in the state of: ILLINOIS, COOK COUNTY

    I have my trial next week and today I received an email from my soon to be ex husband with subpoenas for our 2 minor children (12yrs & 8yrs); the subpoena is not file stamped by the clerk. Can he just subpoena them without approval from the judge? Do I have to bring them? Is the subpoena valid without the file stamp? I really have no intentions on bringing them to something they should not be involved in at all.
  • 09-12-2013, 09:47 PM
    jk
    Re: Sending Subpoena to Minor Children
    offhand I cannot tell you if email is a valid means to serve a subpoena. I have my doubts.

    I would suggest contacting the clerks office and asking them.

    Often times documents are not file stamped unless they are served by or through the court. Often times one serves the party and simply files a true copy of the service with the courts. I don't know if that is applicable here but it does explain it in some cases.
  • 09-12-2013, 11:16 PM
    gator1
    Re: Sending Subpoena to Minor Children
    Quote:

    Quoting williteverend
    View Post
    ...I have my trial next week and today I received an email from my soon to be ex husband with subpoenas for our 2 minor children...

    Email is not a valid means to serve a subpoena, at least not in Illinois or any other jurisdiction I am aware of.

    If he actually served subpoenas by email, his subpoenas are worthless. Subpoena's must served by certified or registered mail at least SEVEN days before trial. If you have trial next week, and unless trial is Friday of next week and he properly serves by tomorrow, which is unlikely, it is too late.

    Quote:

    http://www.state.il.us/court/supreme.../ArtII.htm#237
    Illinois Supreme Court Rules
    Rule 237. Compelling Appearances of Witnesses at Trial
    (a) Service of Subpoenas. Any witness shall respond to any lawful subpoena of which he or she has actual knowledge, if payment of the fee and mileage has been tendered.

    Service of a subpoena by mail may be proved prima facie by a return receipt showing delivery to the witness or his or her authorized agent by certified or registered mail at least seven days before the date on which appearance is required and an affidavit showing that the mailing was prepaid and was addressed to the witness, restricted delivery, with a check or money order for the fee and mileage enclosed.
  • 09-13-2013, 07:54 AM
    williteverend
    Re: Sending Subpoena to Minor Children
    Quote:

    Quoting gator1
    View Post
    Email is not a valid means to serve a subpoena, at least not in Illinois or any other jurisdiction I am aware of.

    If he actually served subpoenas by email, his subpoenas are worthless. Subpoena's must served by certified or registered mail at least SEVEN days before trial. If you have trial next week, and unless trial is Friday of next week and he properly serves by tomorrow, which is unlikely, it is too late.

    The subpoenas were sent to me via email & he put envelopes in my mailbox with my kids' names on them. On the bottom of the subpoena form, it says that he 'hand delivered' them to my children on 9/11 - trial is 9/18. I could file a motion to quash the subpoenas but with trial on Wednesday, there isn't enough time to file it & get a hearing date. He always seems to file bs pleadings days before a hearing - and now in this case, our trial to finalize everything.
  • 09-13-2013, 09:38 AM
    Mr. Knowitall
    Re: Sending Subpoena to Minor Children
    Neither of you are represented by lawyers? (I think you should change that, for yourself.)

    How old are the children? Had there been any discussion about their testifying? Is the email simply to notify you that they will be testifying, or is the expectation that you will bring them to court? Are the children on your ex's witness list, which I assume the court required each of you to file some time ago?

    Subpoenas are addressed in 740 ILCS 175/6.
  • 09-13-2013, 09:53 AM
    williteverend
    Re: Sending Subpoena to Minor Children
    Quote:

    Quoting Mr. Knowitall
    View Post
    Neither of you are represented by lawyers? (I think you should change that, for yourself.)

    How old are the children? Had there been any discussion about their testifying? Is the email simply to notify you that they will be testifying, or is the expectation that you will bring them to court? Are the children on your ex's witness list, which I assume the court required each of you to file some time ago?

    Subpoenas are addressed in 740 ILCS 175/6.

    We both had attorneys - his withdrew due to ethical reasons & mine recently withdrew because of $$ since i'm also not receiving child support. My children are 12 & 8 and there has NEVER been discussion about them testifying. This has been a brutal custody battle from the beginning with severe alienation attemps on the part of my husband. His expectation is that I am bringing them to court. His 'witness list' was the copies of the subpoenas and he provided courtesy copies to the judge yesterday, apparently.
  • 09-14-2013, 01:06 PM
    gator1
    Re: Sending Subpoena to Minor Children
    Quote:

    Quoting Mr. Knowitall
    View Post
    ...Subpoenas are addressed in 740 ILCS 175/6.

    The cite to Subpoena's under 740 ILCS 175/ Illinois False Claims Act is not relevant to this case
    http://www.ilga.gov/legislation/ilcs...8&ChapterID=57

    Did the father actually hand deliver the subpoena's to his children?
    Did he include a check for the requisite fees?
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