97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1960

 

Introduced , by Rep. Franco Coladipietro

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-301  from Ch. 110, par. 2-301

    Amends the Code of Civil Procedure. Provides that: a motion to quash must be filed within 30 days after a defendant or other party files an appearance; a motion to quash must be filed within 30 days after a hearing in which a defendant or other party appears in court, without filing an appearance, and participates in a hearing before a judge; and a motion to quash not filed within the applicable 30-day time limit is barred. Effective immediately.


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A BILL FOR

 

HB1960LRB097 05311 AJO 45366 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-301 as follows:
 
6    (735 ILCS 5/2-301)  (from Ch. 110, par. 2-301)
7    Sec. 2-301. Objections to jurisdiction over the person.
8    (a) Prior to the filing of any other pleading or motion
9other than a motion for an extension of time to answer or
10otherwise appear, a party may object to the court's
11jurisdiction over the party's person, either on the ground that
12the party is not amenable to process of a court of this State
13or on the ground of insufficiency of process or insufficiency
14of service of process, by filing a motion to dismiss the entire
15proceeding or any cause of action involved in the proceeding or
16by filing a motion to quash service of process. Such a motion
17may be made singly or included with others in a combined
18motion, but the parts of a combined motion must be identified
19in the manner described in Section 2-619.1. Unless the facts
20that constitute the basis for the objection are apparent from
21papers already on file in the case, the motion must be
22supported by an affidavit setting forth those facts.
23    (a-3) A motion to quash must be filed within 30 days after

 

 

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1a defendant or other party files an appearance. A motion to
2quash must be filed within 30 days after a hearing in which a
3defendant or other party appears in court, without filing an
4appearance, and participates in a hearing before a judge. A
5motion to quash not filed within the applicable 30-day time
6limit is barred.
7    (a-5) If the objecting party files a responsive pleading or
8a motion (other than a motion for an extension of time to
9answer or otherwise appear) prior to the filing of a motion in
10compliance with subsection (a), that party waives all
11objections to the court's jurisdiction over the party's person.
12    (b) In disposing of a motion objecting to the court's
13jurisdiction over the person of the objecting party, the court
14shall consider all matters apparent from the papers on file in
15the case, affidavits submitted by any party, and any evidence
16adduced upon contested issues of fact. The court shall enter an
17appropriate order sustaining or overruling the objection. No
18determination of any issue of fact in connection with the
19objection is a determination of the merits of the case or any
20aspect thereof. A decision adverse to the objector does not
21preclude the objector from making any motion or defense which
22he or she might otherwise have made.
23    (c) Error in ruling against the objecting party on the
24objection is waived by the party's taking part in further
25proceedings unless the objection is on the ground that the
26party is not amenable to process issued by a court of this

 

 

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1State.
2(Source: P.A. 91-145, eff. 1-1-00.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.