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Fill and Sign the Il Subpoena Form

Fill and Sign the Il Subpoena Form

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IN THE NAME OF THE PEOPLE OF THE STATE OF ILLINOIS ILLINOIS WORKERS’ COMPENSATION COMMISSION SUBPOENA       Case #       WC       Employee/Petitioner v.             Employer/Respondent T O :       Y OU ARE COMMANDED TO PROVIDE THE FOLLOWING ITEMS THAT ARE IN YOUR POSSESSION OR CONTROL :       Y OU MUST APPEAR TO TESTIFY BEFORE THE H ONORABLE       OF THE C OMMISSION AT THE ADDRESS       ON THE DATE       AT THE TIME       , TO BRING THE ITEMS WITH YOU . M AIL THE ITEMS TO THE ADDRESS       BY THE DATE       . Y OU DO NOT NEED TO APPEAR AT THE C OMMISSION . D O NOT MAIL THE ITEMS TO THE C OMMISSION .                   Name of person requesting this subpoena Telephone number Email address F AILURE TO RESPOND TO THIS SUBPOENA MAY SUBJECT YOU TO THE PENALTIES Chairman Joanna M. Fratianni PRESCRIBED BY LAW . (S EE S TATUTES : 820 ILCS 305/16; R ULES : 7030.50) Date IC16 12/14 100 W. Randolph Street #8-200 Chicago, IL 60601 312/814-6611 Toll-free 866/352-3033 Web site: www.iwcc.il.gov Downstate offices: Collinsville 618/346-3450 Peoria 309/671-3019 Rockford 815/987-7292 Springfield 217/785-7084 The legislature changed the name of the Illinois Industrial Commission to the Illinois Workers’ Compensation Commission, effective 1/1/05. The law states that any reference to the Industrial Commission—such as those that appear below—shall be considered a reference to the Workers’ Compensation Commission. From the Rules Governing Practice Before the Industrial Commission 50 Illinois Administrative Code Section 7030.50 Subpoena Practice a ) Issuance A blank form of subpoena for the attendance of witnesses or the production of documents will be furnished by the Secretary of the Commission upon request of the parties or their attorneys. b) Use Unless otherwise agreed by the parties, witnesses or documents may only be subpoenaed to appear or be produced at the time and place set for hearing of the cause. c ) Service Personal service of the subpoena is required and payment of statutory fee and travel expense must accompany the service. d) 1) Upon failure of any person, firm or organization to obey a subpoena of the Illinois Industrial Commission, a party seeking enforcement of the subpoena, or his attorney, shall prepare an application to the Circuit Court of the county in which the hearing or claim is pending requesting enforcement of the subpoena pursuant to Section 16 of the Illinois Workers' Compensation Act and shall present, file and serve on opposing party said application together with the original subpoena and proof of service to the Arbitrator or Commissioner designated to hear the said claim, or if no Arbitrator or Commission has been designated, then to the Chairman of the Commission. 2) A hearing pursuant to Section 7020.70 shall be held at which the Commissioner or Arbitrator to whom the application is presented shall determine if the subpoena requested relevant information, and was properly issued and served and if the application is proper in form. If the said Commissioner or Arbitrator shall so find, then, he or she shall sign the application. The party seeking enforcement of the subpoena, or his attorney, may then file and prosecute the application in the Circuit Court. IC16 page 2

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