SB2928 93RD GENERAL ASSEMBLY

LRB093 21051 LCB 47073 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2928

Introduced 2/6/2004, by William R. Haine

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-801

from Ch. 110, par. 2-801

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

A BILL FOR

AN ACT concerning civil procedure.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-801 as follows:

(735 ILCS 5/2-801) (from Ch. 110, par. 2-801)

Sec. 2-801. Prerequisites for the maintenance of a class action. An action may be maintained as a class action in any court of this State and a party may sue or be sued as a representative party of the class only if the court finds:

(1) The class is so numerous that joinder of all members is impracticable.

(2) There are questions of fact or law common to the class, which common questions predominate over any questions affecting only individual members.

(3) The representative parties will fairly and adequately protect the interests interest of the class.

(4) The class action is an appropriate method for the fair and efficient adjudication of the controversy.

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