Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(735 ILCS 5/2-604.1) (from Ch. 110, par. 2-604.1)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-604.1.
Pleading of punitive damages.
In all actions
on account of bodily injury or physical damage to property, based on
negligence, or product liability based on any theory or doctrine,
where punitive damages are permitted
no complaint shall be filed containing a prayer for relief
seeking punitive damages. However, a
plaintiff may, pursuant to a pretrial motion and after a hearing before the
court, amend the complaint to include a prayer for relief seeking punitive
damages. The court shall allow the motion to amend the complaint if the
plaintiff establishes at such hearing a reasonable
likelihood of proving
facts at trial sufficient to support an award of punitive damages. Any
motion to amend the complaint to include a prayer for relief seeking
punitive damages shall be made not later than 30 days after the close of
discovery.
A prayer for relief added pursuant to this Section shall not be
barred by lapse of time under any statute prescribing or limiting the time
within which an action may be brought or right asserted if the time
prescribed or limited had not expired when the original pleading was filed.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-604.1.
Pleading of punitive damages.
In all actions
on account of bodily injury or physical damage to property, based on
negligence, or product liability based on strict
tort liability,
where punitive damages are permitted
no complaint shall be filed containing a prayer for relief
seeking punitive damages. However, a
plaintiff may, pursuant to a pretrial motion and after a hearing before the
court, amend the complaint to include a prayer for relief seeking punitive
damages. The court shall allow the motion to amend the complaint if the
plaintiff establishes at such hearing a reasonable
likelihood of proving
facts at trial sufficient to support an award of punitive damages. Any
motion to amend the complaint to include a prayer for relief seeking
punitive damages shall be made not later than 30 days after the close of
discovery.
A prayer for relief added pursuant to this Section shall not be
barred by lapse of time under any statute prescribing or limiting the time
within which an action may be brought or right asserted if the time
prescribed or limited had not expired when the original pleading was filed.
(Source: P.A. 84-1431.)
|
