Subpoena Power in Divorce Cases

Family Law Blog

Subpoena Power in Divorce Cases

December 12, 2019 | Divorce

Subpoena Power in Divorce Cases

There are four types of subpoenas in Illinois: subpoena for documents, deposition subpoenas, trial/hearing subpoenas, and Grand Jury subpoenas. The first three types are important tools an attorney should use in a divorce case. They are directed to third parties, that are those people (or companies) not named in the divorce action. An attorney can issue these subpoenas without permission of the court.

A subpoena for documents requires the recipient of the subpoena to produce documents or materials relevant to the divorce action. Typically, subpoenas for documents are issued to financial institutions and businesses in order to obtain information about a spouse’s assets, income, or business interests. Subpoenas are critical to uncovering hidden assets.

A subpoena for deposition requires an individual to appear to answer questions related to the divorce action. This usually occurs at an attorney’s office with a court reporter present transcribing the testimony. Any witness who has relevant information regarding the issues in a divorce case may be subpoenaed for a deposition.

A subpoena to appear at a trial or hearing requires a person to appear in court as a witness. This is similar to a deposition subpoena in that the person will answer questions, except the testimony will occur in court in front of a judge.

Subpoena power in a divorce action is extremely useful. Divorce attorneys should utilize this tool to conduct a thorough investigation of the issues and to present evidence in a divorce case should it proceed to trial.

The Botti Law Firm, P.C. has been practicing family law for nearly 50 years in DuPage and Cook County.  Please contact one of our attorneys at (630)573-8585 if you have any questions or would like to schedule a free consultation.

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