Can a subpoena be served by mail in illinois

In Illinois, the rules for serving a subpoena by mail are governed by the Illinois Supreme Court's Rules for Civil Procedure (735 ILCS 5/2-101 et seq.) and the Illinois Code of Civil Procedure (735 ILCS 5/2-201 et seq.).

In general, a subpoena can be served by mail in Illinois, but there are certain requirements that must be met:

1. Written consent: The person being subpoenaed must have given written consent to receive service by mail. This consent can be obtained by including a statement on the subpoena form or by having the person sign a separate consent form.
2. Certified mail: The subpoena must be sent by certified mail, return receipt requested, to the person being subpoenaed.
3. Proof of service: The person serving the subpoena must obtain a return receipt from the postal service as proof of service.
4. Notice of hearing: If the subpoena requires the person to appear at a hearing, the notice of hearing must be included with the subpoena.

Illinois Supreme Court Rule 201(a) provides that a subpoena may be served by mail if the person being subpoenaed has given written consent to receive service by mail. The rule also requires that the subpoena be sent by certified mail, return receipt requested, and that the person serving the subpoena obtain a return receipt as proof of service.

In addition, Illinois Code of Civil Procedure Section 2-201 provides that a subpoena may be served by mail if the person being subpoenaed has given written consent to receive service by mail. The section also requires that the subpoena be sent by certified mail, return receipt requested, and that the person serving the subpoena obtain a return receipt as proof of service.

It's important to note that even if a subpoena is served by mail, the person being subpoenaed may still be required to appear in person at the hearing or deposition. The subpoena should clearly state the requirements for appearance and any consequences for failure to appear.

In summary, a subpoena can be served by mail in Illinois if the person being subpoenaed has given written consent to receive service by mail, the subpoena is sent by certified mail, return receipt requested, and the person serving the subpoena obtains a return receipt as proof of service.