Yes, your bank should respond to the subpoena, assuming it was issued in connection with a pending case and the attorney who signed the subpoena is counsel of record for a party in the case. In Illinois, a subpoena may be issued by the clerk of a court or by an attorney admitted to practice in Illinois who is counsel of record in a pending action. A subpoena issued by an attorney does not require a clerk’s stamp.

We note that the Illinois Banking Act requires a bank to notify a customer before responding to a subpoena unless the “bank is specifically prohibited from notifying the person by order of the court or by applicable State or federal law” or the subpoena is issued by a grand jury in connection with certain crimes.

For resources related to our guidance, please see:

• Illinois Supreme Court Rule 204(a)(1) (“Except as provided in paragraph (c) hereof: (i) the clerk of the court shall issue subpoenas on request; or (ii) subpoenas may be issued by an attorney admitted to practice in the State of Illinois who is currently counsel of record in the pending action. The subpoena may command the person to whom it is directed to produce documents or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted under these rules subject to any limitations imposed under Rule 201(c).”)

• Illinois Banking Act, 205 ILCS 5/48.1(d) (“A bank shall disclose financial records . . . under a lawful subpoena . . . only after the bank mails a copy of the subpoena . . . to the person establishing the relationship with the bank, if living, and, otherwise his personal representative, if known, at his last known address by first class mail, postage prepaid, unless the bank is specifically prohibited from notifying the person by order of court or by applicable State or federal law. A bank shall not mail a copy of a subpoena to any person pursuant to this subsection if the subpoena was issued by a grand jury under the Statewide Grand Jury Act.”)