Illinois General Assembly - Full Text of SB0720
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Full Text of SB0720  100th General Assembly

SB0720 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0720

 

Introduced 1/30/2017, by Sen. Jil Tracy

 

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

    Amends the Code of Civil Procedure. Provides that within 90 days after filing an appearance (instead of prior to filing any other pleading other than a motion for an extension of time within which to plead), a party may object to the court exercising personal jurisdiction over the party. Deletes a provision that if a party files a responsive pleading other than a motion for an extension of time prior to filing a motion to dismiss or to quash service of process, the party waives all objections to the court's jurisdiction over the party's person. Provides instead that participating in the litigation does not waive objections to the court's jurisdiction. Deletes a provision stating that error in ruling against an objecting party is waived by that party taking part in further proceedings in the case unless the objection is on the basis of the party not being amenable to service by an Illinois court. Provides that the amendatory Act applies to actions filed on or after the effective date. Effective immediately.


LRB100 07032 HEP 17086 b

 

 

A BILL FOR

 

SB0720LRB100 07032 HEP 17086 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) Within 90 days after filing an appearance Prior to the
9filing of any other pleading or motion other than a motion for
10an extension of time to answer or otherwise appear, a party may
11object to the court's jurisdiction over the party's person,
12either on the ground that the party is not amenable to process
13of a court of this State or on the ground of insufficiency of
14process or insufficiency of service of process, by filing a
15motion to dismiss the entire proceeding or any cause of action
16involved in the proceeding or by filing a motion to quash
17service of process. Such a motion may be made singly or
18included with others in a combined motion, but the parts of a
19combined motion must be identified in the manner described in
20Section 2-619.1. Unless the facts that constitute the basis for
21the objection are apparent from papers already on file in the
22case, the motion must be supported by an affidavit setting
23forth those facts.

 

 

SB0720- 2 -LRB100 07032 HEP 17086 b

1    (a-5) (Blank). If the objecting party files a responsive
2pleading or a motion (other than a motion for an extension of
3time to answer or otherwise appear) prior to the filing of a
4motion in compliance with subsection (a), that party waives all
5objections to the court's jurisdiction over the party's person.
6    (a-7) Participating in the litigation shall not be deemed a
7waiver of objections to the court's jurisdiction over the
8party's person.
9    (b) In disposing of a motion objecting to the court's
10jurisdiction over the person of the objecting party, the court
11shall consider all matters apparent from the papers on file in
12the case, affidavits submitted by any party, and any evidence
13adduced upon contested issues of fact. The court shall enter an
14appropriate order sustaining or overruling the objection. No
15determination of any issue of fact in connection with the
16objection is a determination of the merits of the case or any
17aspect thereof. A decision adverse to the objector does not
18preclude the objector from making any motion or defense which
19he or she might otherwise have made.
20    (c) (Blank). Error in ruling against the objecting party on
21the objection is waived by the party's taking part in further
22proceedings unless the objection is on the ground that the
23party is not amenable to process issued by a court of this
24State.
25    (d) The changes made by this amendatory Act of the 100th
26General Assembly apply to all actions filed on or after the

 

 

SB0720- 3 -LRB100 07032 HEP 17086 b

1effective date of this amendatory Act of the 100th General
2Assembly.
3(Source: P.A. 91-145, eff. 1-1-00.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.