John, I went to the Alexandria Courthouse to get the subpoena filed, but because Mr. Carver lives in Fairfax County we have to file through them. Fairfax County has a few different requirements so I have attached the rules. According to the clerk at the courthouse the foreign subpoena needs to be issued by the court in Cook County, it can’t be issued by an attorney. We also need a statement from the court granting jurisdiction. I have filled out the Subpoena Form #CC-1439 and I have the praecipe with the language that you drafted and sent to me. Please let me know what else, if anything, you need from me. Bethany N. Trujillo 1800 Diagonal Road, Suite 210 Alexandria, Va. 22314 bethany@puckettfaraj.com
twitter.com/puckettfaraj From: John Murray [mailto:jmurray@rddlaw.net] Hi Bethany: Has the Carver subpoena been issued by the State of Virginia yet? What’s the status? Thanks. Regards, John E. Murray, Esq. Associate Attorney Rachlis Durham Duff & Adler, LLC 542 South Dearborn Street, Suite 900 Chicago, IL 60605 Office: (312) 733-3950 Direct: (312) 275-0338 Mobile: (810) 824-7197 Fax: (312) 733-3952 Email: jmurray@rddlaw.net Firm website: www.rddlaw.net RACHLIS DURHAM DUFF & ADLER, LLC E-MAIL CONFIDENTIALITY NOTICE This transmission may be: (1) subject to the Attorney-Client Privilege, (2) an attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this e-mail is a violation of federal criminal law. From: John Murray [mailto:jmurray@rddlaw.net] Bethany: Attached please find the Illinois subpoena (and corresponding Rider) issued for Larry Carver’s evidence deposition. This will be the “foreign subpoena” as identified by VA Code. § 8.01-412.10A(i). In addition, and as it relates to the requirement of a written statement to the effect that Illinois law grants reciprocal privileges to Virginia citizens for purposes of taking discovery in Illinois, our office has been in contact with the clerk of court in Alexandria. The clerk told us that the written statement need not be sworn or verified and can simply be generic and signed by a member of the Illinois bar. As Haytham is a member of both the Illinois and Virginia bars, he is the most logical person to sign any written statement to that effect. I have taken the liberty of drafting some language that may be helpful to your office as it relates to drafting this written statement: A lawsuit is pending in the Circuit Court of Cook County, Illinois, captioned Cynowa v. CSSS.NET, Inc. et al., No. 08-L-403. Defendants have issued a subpoena from the Circuit Court of Cook County, Illinois, requesting to take the evidence deposition of Larry Carver. (Attached hereto.) The subpoena to Larry Carver requires that Carver: (a) produce documents responsive to the attached Rider for inspection and/or copying on or before March 21, 2011, at 10:00 a.m. EST, at 1800 Diagonal Road, Suite 210, Alexandria, Virginia 22314; and (b) appear for evidence deposition on March 29, 2011, beginning at 1:00 p.m. EST, at 1800 Diagonal Road, Suite 210, Alexandria, Virginia 22314. Defendants request that the Clerk of Court issue a Virginia subpoena in conformance with the Illinois subpoena. Upon petition, the State of Illinois issues subpoenas that incorporate the terms of out-of-state subpoenas. Illinois Supreme Court Rule 204(b) highlights the procedures for obtaining a subpoena to compel the appearance of an Illinois deponent for deposition for an action pending in another State. As such, Illinois law grants reciprocal privileges to citizens of the Commonwealth of Virginia for taking of discovery in the State of Illinois. Therefore, in compliance with VA Code. § 8.01-412.10, Defendants respectfully request that the Clerk of Court promptly issue a Virginia subpoena for the evidence deposition for Larry Carver for service upon him. Very truly yours, Haytham Faraj (Member – Illinois & Virginia Bar) Your office should also provide a check for Mr. Carver’s witness fee based on the standard rate required by Virginia law. I believe your office now has everything to get a Virginia subpoena based on the attached Illinois subpoena and rider. When you get the Virginia subpoena issued and served, please email us a copy of it so we can properly notify opposing counsel. Please don’t hesitate to contact our office if you have any other questions or concerns. Thanks. Regards, John E. Murray, Esq. Associate Attorney Rachlis Durham Duff & Adler, LLC 542 South Dearborn Street, Suite 900 Chicago, IL 60605 Office: (312) 733-3950 Direct: (312) 275-0338 Mobile: (810) 824-7197 Fax: (312) 733-3952 Email: jmurray@rddlaw.net Firm website: www.rddlaw.net RACHLIS DURHAM DUFF & ADLER, LLC E-MAIL CONFIDENTIALITY NOTICE This transmission may be: (1) subject to the Attorney-Client Privilege, (2) an attorney work product, or (3) strictly confidential. If you are not the intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error, please reply and notify the sender (only) and delete the message. Unauthorized interception of this e-mail is a violation of federal criminal law. From: Bethany Trujillo [mailto:bethany@puckettfaraj.com] Mr. Murray, Mr. Faraj asked me to send this information to you regarding what we will need to subpoena Larry Carver in Alexandria, VA. Please let me know if you need any further information. § 8.01-412.10. Issuance of subpoena. A. To request the issuance of a subpoena under this article, a party shall submit to the clerk of court in the circuit in which discovery is sought to be conducted in the Commonwealth (i) a foreign subpoena and (ii) a written statement that the law of the foreign jurisdiction grants reciprocal privileges to citizens of the Commonwealth for taking discovery in the jurisdiction that issued the foreign subpoena. B. When a party submits a foreign subpoena to a clerk of court in the Commonwealth, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. C. A subpoena under subsection B shall: 1. Incorporate the terms used in the foreign subpoena; and 2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. D. A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of the Commonwealth, and no civil action need be filed in the circuit court of the Commonwealth. E. The provisions of this article shall be in addition to other procedures authorized in the Code of Virginia and the rules of court for obtaining discovery. (2009, c. 701.) Bethany N. Trujillo 1800 Diagonal Road, Suite 210 Alexandria, Va. 22314 bethany@puckettfaraj.com |