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ILLINOIS
CIVIL PROCEDURE

Last update: 2011-11-09


  • Code of Civil Procedure.
    • Article I. General Provisions
    • Article II. Civil Practice
      • Part 1. Venue
      • Part 2. Process
      • Part 3. Appearance
      • Part 4. Parties
      • Part 5. Appointment of Guardians
      • Part 6. Pleading
      • Part 7. Action for Declaratory Judgment
      • Part 8. Class Action
      • Part 9. Action on Penal Bond
      • Part 10. Pre-trial Steps
      • Part 10A. Mandatory Arbitration System
      • Part 11. Trial
      • Part 12. Post-trial
      • Part 13. Judgment
      • Part 14. Post-judgment
      • Part 15. Abolition of Writs
      • Part 16. Revival of Judgment
      • Part 17. Healing Art Malpractice
      • Part 18. Mittimus
      • Part 19. Lis Pendens
      • Part 20. Crime Victims
      • Part 21. Product Liability
      • Part 22. Insurance Placement Liability
    • Article III. Administrative Review
    • Article IV. Attachment
      • Part 1. In General
      • Part 2. Watercraft
    • Article V. Costs
    • Article VI. Ejectment
    • Article VIII. Evidence
      • Part 1. Interested Person as Witness
      • Part 2. Dead-man's Act
      • Part 3. Surviving Partner or Joint-contractor
      • Part 4. Account Books and Records
      • Part 5. Effect of Release or Assignment
      • Part 6. Certain Laws Unaffected
      • Part 7. Broadcast or Televised Testimony
      • Part 8. Privileged Communications
      • Part 9. Reporter's Privilege
      • Part 9.1. Voter's Privilege
      • Part 9.2. Interpreter's Privilege
      • Part 10. Judicial Notice
      • Part 11. Statutes and Reports
      • Part 12. Records and Patents
      • Part 13. Surveys
      • Part 14. Interpreters
      • Part 15. Proof of Handwriting
      • Part 16. Proof of Deeds and Writings
      • Part 17. Title to Land of Illinois Central Railroad
      • Part 18. Claims Regarding Work on Realty
      • Part 19. Admission of Liability
      • Part 20. Inspection of Records
      • Part 21. Medical Studies
      • Part 22. Coroner's Records
      • Part 23. Perpetuating Testimony
      • Part 24. Application to Criminal Cases
      • Part 25. Expert Witness Standards
      • Part 26. Minors
      • Part 27. Elder Adults
      • Part 28. Prior Sexual Activity or Reputation as Evidence
    • Article IX. Forcible Entry and Detainer
      • Part 1. In General
      • Part 2. Recovery of Rent Termination of Certain Tenancies
      • Part 3. Distress for Rent
    • Article X. Habeas Corpus
    • Article XI. Injunction
      • Part 1. In General
      • Part 3. Disbursement of Public Moneys
    • Article XII. Judgments
      • Part 1. In General
      • Part 2. Trial of Right of Property
      • Part 3. Concealing Property
      • Part 4. Redemption by State
      • Part 5. Federal Judgments
      • Part 6. Foreign Judgments and Foreign-money Claims
      • Part 7. Garnishment
      • Part 8. Wage Deductions
      • Part 9. Exemption of Homestead
      • Part 10. Exemption of Personal Property
      • Part 11. Garnishment in Violation of Exemption
      • Part 12. Exemption in Bankruptcy
      • Part 14. Orders to Take Into Custody
    • Article XIII. Limitations
      • Part 1. Real Actions
      • Part 2. Personal Actions
    • Article XIV. Mandamus
    • Article XV. Mortgage Foreclosure
      • Part 11. General Provisions
      • Part 12. Definitions
      • Part 13. Mortgage Lien Priorities
      • Part 14. Methods of Terminating Mortgagor's Interest in Real Estate
      • Part 15. Judicial Foreclosure Procedure
      • Part 16. Reinstatement and Redemption
      • Part 17. Possession During Foreclosure
    • Article XVI. Ne Exeat
    • Article XVII. Partition
    • Article XVIII. Quo Warranto
    • Article XIX. Replevin
    • Article XIX-c. Effective Date
    • Article XX. Recovery of Fraudulently Obtained Public Funds
    • Article XXI. Change of Name
    • Article XXII. Frivolous Lawsuits Filed by Prisoners
  • Eminent Domain Act.
    • Article 1. General Provisions
    • Article 5. General Exercise
    • Article 10. General Procedure
    • Article 15. Express Eminent Domain Power
      • Part 1. General Provisions
      • Part 5. List of Eminent Domain Powers
    • Article 20. Quick-take Procedure
    • Article 25. Express Quick-take Powers
      • Part 5. New Quick-take Powers
      • Part 7. Existing Quick-take Powers
    • Article 90. Miscellaneous Provisions
    • Article 95. Amendatory Provisions
      • Part 1. Repealer and Mandate Exemption
      • Part 5. Power Subject to Act
      • Part 10. Cross-references
    • Article 99. Effective Date
  • Choice of Law and Forum Act.
    • Article 5.
    • Article 10.
    • Article 99.
  • Citizen Participation Act.

CODE OF CIVIL PROCEDURE.

Article I
General Provisions

Section 1-101. Short Titles

(735 ILCS 5/1-101) (from Ch. 110, par. 1-101)

(a) This Act shall be known and may be cited as the "Code of Civil Procedure".

(b) Article II shall be known as the "Civil Practice Law" and may be referred to by that designation.

(c) Article III shall be known as the "Administrative Review Law" and may be referred to by that designation.

(Source: P.A. 82-280.)

Section 1-102. Continuation of Prior Statutes

(735 ILCS 5/1-102) (from Ch. 110, par. 1-102)

The provisions of this Act insofar as they are the same or substantially the same as those of any prior statute, shall be construed as a continuation of such prior statute and not as a new enactment.

If in any other statute reference is made to an Act of the General Assembly, or an Article or a Section of such an Act, which is continued in this Act, such reference shall refer to the Act, Article, or Section thereof so continued in this Act.

(Source: P.A. 82-280.)

Section 1-103. Effect of Headings

(735 ILCS 5/1-103) (from Ch. 110, par. 1-103)

Article, Part and Section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Article, Part or Section of this Act.

(Source: P.A. 82-280.)

Section 1-104. Power of Courts to Make Rules

(735 ILCS 5/1-104) (from Ch. 110, par. 1-104)

(a) The Supreme Court of this State has power to make rules of pleading, practice and procedure for the circuit, Appellate and Supreme Courts supplementary to, but not inconsistent with the provisions of this Act, and to amend the same, for the purpose of making this Act effective for the convenient administration of justice, and otherwise simplifying judicial procedure, and power to make rules governing pleading, practice and procedure in small claims actions, including service of process in connection therewith. Unless otherwise indicated by the text, references in this Act to rules are to rules of the Supreme Court.

(b) Subject to the rules of the Supreme Court, the circuit and Appellate Courts may make rules regulating their dockets, calendars, and business.

(Source: P.A. 82-280.)

Section 1-105. Enforcement of Act and Rules

(735 ILCS 5/1-105) (from Ch. 110, par. 1-105)

The Supreme Court may provide by rule for the orderly and expeditious administration and enforcement of this Act and of the rules, including the striking of pleadings, the dismissal of claims, the entry of defaults, the assessment of costs, the assessment against an offending party of the reasonable expenses, including attorney's fees, which any violation causes another party to incur, or other action that may be appropriate.

(Source: P.A. 82-280.)

Section 1-106. Act to Be Liberally Construed

(735 ILCS 5/1-106) (from Ch. 110, par. 1-106)

This Act shall be liberally construed, to the end that controversies may be speedily and finally determined according to the substantive rights of the parties. The rule that statutes in derogation of the common law must be strictly construed does not apply to this Act or to the rules made in relation thereto.

(Source: P.A. 82-280.)

Section 1-107. Appeals

(735 ILCS 5/1-107) (from Ch. 110, par. 1-107)

Appeals may be taken as provided for civil cases.

(Source: P.A. 82-280.)

Section 1-108. Civil Practice Law Applies

(735 ILCS 5/1-108) (from Ch. 110, par. 1-108)

(a) The provisions of Article II of this Act apply to all proceedings covered by Articles III through XIX of this Act except as otherwise provided in each of the Articles III through XIX, respectively.

(b) In proceedings in which the procedure is regulated by statutes other than those contained in this Act, such other statutes control to the extent to which they regulate procedure but Article II of this Act applies to matters of procedure not regulated by such other statutes.

(c) As to all matters not regulated by statute or rule of court, the practice at common law prevails.

(Source: P.A. 82-280.)

Section 1-109. Verification by Certification

(735 ILCS 5/1-109) (from Ch. 110, par. 1-109)

Unless otherwise expressly provided by rule of the Supreme Court, whenever in this Code any complaint, petition, answer, reply, bill of particulars, answer to interrogatories, affidavit, return or proof of service, or other document or pleading filed in any court of this State is required or permitted to be verified, or made, sworn to or verified under oath, such requirement or permission is hereby defined to include a certification of such pleading, affidavit or other document under penalty of perjury as provided in this Section.

Whenever any such pleading, affidavit or other document is so certified, the several matters stated shall be stated positively or upon information and belief only, according to the fact. The person or persons having knowledge of the matters stated in a pleading, affidavit or other document certified in accordance with this Section shall subscribe to a certification in substantially the following form: Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true.

Any pleading, affidavit or other document certified in accordance with this Section may be used in the same manner and with the same force and effect as though subscribed and sworn to under oath.

Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any pleading, affidavit or other document certified by such person in accordance with this Section shall be guilty of a Class 3 felony.

(Source: P.A. 83-916.)

Article II
Civil Practice

Part 1
Venue

Section 2-101. Generally

(735 ILCS 5/2-101) (from Ch. 110, par. 2-101)

Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose.

If a check, draft, money order, or other instrument for the payment of child support payable to or delivered to the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code is returned by the bank or depository for any reason, venue for the enforcement of any criminal proceedings or civil cause of action for recovery and attorney fees shall be in the county where the principal office of the State Disbursement Unit is located.

If all defendants are nonresidents of the State, an action may be commenced in any county.

If the corporate limits of a city, village or town extend into more than one county, then the venue of an action or proceeding instituted by that municipality to enforce any fine, imprisonment, penalty or forfeiture for violation of any ordinance of that municipality, regardless of the county in which the violation was committed or occurred, may be in the appropriate court (i) in the county wherein the office of the clerk of the municipality is located or (ii) in any county in which at least 35% of the territory within the municipality's corporate limits is located.

(Source: P.A. 91-212, eff. 7-20-99.)

Section 2-102

(735 ILCS 5/2-102) (from Ch. 110, par. 2-102)

Residence of corporations, voluntary unincorporated associations and partnerships defined. For purposes of venue, the following definitions apply:

(a) Any private corporation or railroad or bridge company, organized under the laws of this State, and any foreign corporation authorized to transact business in this State is a resident of any county in which it has its registered office or other office or is doing business. A foreign corporation not authorized to transact business in this State is a nonresident of this State.

(b) A partnership sued in its firm name is a resident of any county in which any partner resides or in which the partnership has an office or is doing business. A partnership sued in its firm name, of which all partners are nonresidents of this State and which does not have an office or do business in this State, is a nonresident of this State.

(c) A voluntary unincorporated association sued in its own name is a resident of any county in which the association has an office or, if on due inquiry no office can be found, in which any officer of the association resides. A voluntary unincorporated association sued in its own name, of which all its members are nonresidents of this State and which does not have an office or do business in this State, is a nonresident of this State.

(Source: P.A. 83-901.)