Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/13-221
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/13-221)
(from Ch. 110, par. 13-221)
Contract to make will.
An action against
and legatees of a deceased person to enforce a contract to
make a will, shall be commenced within 2 years after the death of the
deceased person unless letters of office are
applied for on his or her estate within 2 years after his or her death
and the representative has complied with the provisions of Section 18-3
of the Probate Act of 1975, as amended, in regard to the giving of notice
to creditors, in which
case the action shall be commenced within and not after the time for
presenting a claim against the estate of a
deceased person as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
735 ILCS 5/13-222
(735 ILCS 5/13-222)
(from Ch. 110, par. 13-222)
Action against land surveyor.
(a) Registered land surveyor. No action may be brought against
a registered land surveyor to recover damages for negligence, errors or
omissions in the making of any survey nor for contribution or indemnity
related to such negligence, errors or omissions more than 4 years after the
person claiming such damages actually knows or should have known of such
negligence, errors or omissions. This Section applies to surveys completed
after July 26, 1967. This subsection (a) applies only to causes of action
accruing before the effective date of this amendatory Act of the 92nd General
(b) Professional land surveyor. No action may be brought against a
professional land surveyor to recover damages for negligence, errors,
omissions, torts, breaches of contract, or otherwise in the making of any
survey, nor contribution or indemnity, more than 4 years after the person
claiming the damages actually knows or should have known of the negligence,
errors, omissions, torts, breaches of contract, or other action.
In no event may such an action be brought if 10 years have elapsed from the
time of the act or omission. Any person who discovers the act or
omission before expiration of the 10-year period, however, may in no event have
than 4 years to bring an action. Contract actions against a surety on a
payment or performance bond must be commenced within the same time limitation
applicable to the bond principal.
If the person entitled to bring the action is under the age of 18 or under
a legal disability, the period of limitation does not begin to run until the
person reaches 18 years of age or the disability is removed.
This subsection (b) applies to causes of action accruing on or after the
effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-265, eff. 1-1-02.)
735 ILCS 5/13-223
(735 ILCS 5/13-223)
(from Ch. 110, par. 13-223)
Inter vivos trusts.
An action to set aside or contest the
validity of a revocable inter
vivos trust agreement or declaration of trust to which a
legacy is provided by the settlor's will which is admitted to probate,
shall be commenced within and not after the time to contest the validity
of a will as provided in the Probate Act of 1975 as amended.
(Source: P.A. 83-707.)
735 ILCS 5/13-224
(735 ILCS 5/13-224)
(from Ch. 110, par. 13-224)
Recovery in Tax Actions.
In any action against the State
to recover taxes imposed pursuant to Section 2 of the Messages Tax Act,
Section 2 of the Gas Revenue Tax Act, Section 2 of the Public Utilities
Revenue Act or Section 2-202 of The Public Utilities Act,
that were illegally or unconstitutionally collected, or in any action
against a municipality to recover taxes imposed pursuant to Section 8-11-2
of the Illinois Municipal Code that were illegally or unconstitutionally
collected or in any action against a taxpayer to recover charges imposed
pursuant to Sections 9-201 or 9-202 of The Public Utilities Act that
were illegally or
unconstitutionally collected, the prevailing party shall not be entitled to
recover an amount exceeding such taxes or charges paid, plus interest,
where applicable, during a period beginning 3 years prior to the date of
filing an administrative claim as authorized by statute or ordinance or
court complaint, whichever occurs earlier. This provision shall be
applicable to all actions filed on or after September 21, 1985.
(Source: P.A. 85-1209.)
735 ILCS 5/13-225
(735 ILCS 5/13-225)
(a) In this Section, "sex trade" and "victim of the sex trade" have the meanings ascribed to them in Section 10 of the Predator Accountability Act.
(b) Subject to both subsections (e) and (f) and notwithstanding any other provision of law, an action under the Predator Accountability Act must be commenced within 10 years of the date the limitation period begins to run under subsection (d) or within 10 years of the date the plaintiff discovers or through the use of reasonable diligence should discover both (i) that the sex trade act occurred, and (ii) that the defendant caused, was responsible for, or profited from the sex trade act. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the sex trade act occurred is not, by itself, sufficient to start the discovery period under this subsection (b).
(c) If the injury is caused by 2 or more acts that are part of a continuing series of sex trade acts by the same defendant, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover (i) that the last sex trade act in the continuing series occurred, and (ii) that the defendant caused, was responsible for, or profited from the series of sex trade acts. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the last sex trade act in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b).
(d) The limitation periods in subsection (b) do not begin to run before the plaintiff attains the age of 18 years; and, if at the time the plaintiff attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability.
(e) The limitation periods in subsection (b) do not run during a time period when the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant.
(f) The limitation periods in subsection (b) do not commence running until the expiration of all limitations periods applicable to the criminal prosecution of the plaintiff for any acts which form the basis of a cause of action under the Predator Accountability Act.
(Source: P.A. 94-998, eff. 7-3-06.)
735 ILCS 5/Art. XIV
(735 ILCS 5/Art. XIV heading)
735 ILCS 5/14-101
(735 ILCS 5/14-101)
(from Ch. 110, par. 14-101)
Action commenced by plaintiff.
In all proceedings commenced
under Article XIV of this Act the name of the person seeking the relief afforded by
this Article shall be set out as plaintiff without the use of the phrase
"People ex rel." or "People on the relation of".
(Source: P.A. 83-707.)
735 ILCS 5/14-102
(735 ILCS 5/14-102)
(from Ch. 110, par. 14-102)
Summons to issue.
Upon the filing of a complaint
for mandamus the clerk of the court shall issue a summons, in like form,
as near as may be as summons in other civil cases.
The summons shall be
made returnable within a time designated by the plaintiff not less than 5 nor
more than 30 days after the service of the summons.
(Source: P.A. 83-357.)
735 ILCS 5/14-103
(735 ILCS 5/14-103)
(from Ch. 110, par. 14-103)
Defendant to plead.
Every defendant who is served with summons
shall answer or otherwise plead on or before the return day of the
summons, unless the time for doing so is extended by the court. If the
defendant defaults, judgment by default may be entered by the court. No
matters not germane to the distinctive purpose of the proceeding shall be
introduced by joinder, counterclaim or otherwise.
(Source: P.A. 90-655, eff. 7-30-98.)
735 ILCS 5/14-104
(735 ILCS 5/14-104)
(from Ch. 110, par. 14-104)
Reply by plaintiff.
The plaintiff may reply or otherwise
plead to the answer,
within 5 days after the last day allowed
for the filing of the answer, unless the time for doing so is extended and
further pleadings may be had as in
other civil cases.
(Source: P.A. 82-280.)