98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0852

 

Introduced 1/25/2013, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-801  from Ch. 110, par. 2-801

    Amends the Code of Civil Procedure. Makes a technical change in provisions concerning the maintenance of class actions.


LRB098 03673 HEP 33689 b

 

 

A BILL FOR

 

HB0852LRB098 03673 HEP 33689 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 2-801 as follows:
 
6    (735 ILCS 5/2-801)  (from Ch. 110, par. 2-801)
7    Sec. 2-801. Prerequisites for the maintenance of a class
8action. An action may be maintained as a class action in any
9court of this State and and a party may sue or be sued as a
10representative party of the class only if the court finds:
11    (1) The class is so numerous that joinder of all members is
12impracticable.
13    (2) There are questions of fact or law common to the class,
14which common questions predominate over any questions
15affecting only individual members.
16    (3) The representative parties will fairly and adequately
17protect the interest of the class.
18    (4) The class action is an appropriate method for the fair
19and efficient adjudication of the controversy.
20(Source: P.A. 82-280.)