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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau 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.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/2-1010
(735 ILCS 5/2-1010) (from Ch. 110, par. 2-1010)
Sec. 2-1010.
(a) In any action, whether in tort, contract or otherwise,
in which the plaintiff seeks damages for injuries or death by reason of
medical, hospital, or other healing art malpractice, a party may, in lieu
of answering or otherwise pleading, file an affidavit certifying that he or
she was not directly or indirectly involved in the occurrence or
occurrences alleged in the action. In the event such an affidavit is filed,
the court shall order the dismissal of the claim against the certifying
party, except as provided for in subparagraph (b).
(b) Any party may oppose the dismissal or move to vacate the order of
dismissal and reinstate the certifying party, provided he or she can show
that the certifying party was directly or indirectly involved in the
occurrence or occurrences alleged in the action.
The party opposing the dismissal may, after the filing of an affidavit
under this Section, have discovery with respect to the involvement or
noninvolvement of the party filing the affidavit, provided that such
discovery is completed within 60 days of the filing of such affidavit.
(c) This Section does not apply to or affect any actions pending
at the time of its effective date, but applies to cases filed on or
after its effective date.
(Source: P.A. 84-7.)
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735 ILCS 5/2-1011
(735 ILCS 5/2-1011) (from Ch. 110, par. 2-1011)
Sec. 2-1011.
Deposits with Court.
(a) In any action in which any part of the relief sought is a
judgment for a sum of money or a determination by the court as to the
disposition of a sum of money and a party to the action deposits
all or part of that sum with the clerk of the court, the clerk shall
deposit that money in an interest bearing account as provided in this
Section. When a judgment is entered as to the disposition of the principal
deposited, the court shall also direct disposition of the interest accrued
to the parties as it deems appropriate.
(b) Unless otherwise ordered by the court as to a specified deposit or
deposits, all funds so deposited with the court may be intermingled. The
accounts established by the clerk of the circuit court under this
Section shall be in banks or savings and loan associations doing business
in this State. The accounts must be insured by an agency of the United
States to the full extent of the amounts held in the accounts. The clerk
shall keep complete and accurate records of the amounts deposited with the
court in each action and of the accounts containing those deposits. The
records and accounts shall be subject to audit, as provided by law. The
clerk shall, upon request of any party in an action in which a sum of money
has been deposited with the court under this Section, furnish to that party
a statement showing the condition of the deposit or of the account containing
the deposit.
(c) Payment out of money deposited with the court shall be made only
upon order of the court after a finding that:
(1) the order is consistent with the account records | | as to the amount involved; and
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(2) the order correctly identifies affected parties
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(d) No moneys on deposit under this Section shall be paid out except by a
check of the clerk.
(e) Orders to pay out may be made under terms and conditions as the court
may, in its discretion, deem appropriate, subject to the provisions of this
Section. The orders may be stayed pending appeal upon application under
Supreme Court Rule 305.
(Source: P.A. 86-1329.)
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735 ILCS 5/Art. II Pt. 10A
(735 ILCS 5/Art. II Pt. 10A heading)
PART 10A.
MANDATORY ARBITRATION SYSTEM
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735 ILCS 5/2-1001A
(735 ILCS 5/2-1001A) (from Ch. 110, par. 2-1001A)
Sec. 2-1001A. Authorization. The Supreme Court of Illinois, by rule,
may provide for mandatory arbitration of such civil actions as the Court
deems appropriate in order to expedite in a less costly manner any
litigation wherein a party asserts a claim not exceeding $75,000 or any
lesser amount as authorized by the Supreme Court for a particular Circuit,
or a judge of the
circuit court, at a pretrial conference, determines that no greater amount than
that authorized for the Circuit appears to be genuinely in controversy.
(Source: P.A. 102-89, eff. 7-9-21.)
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735 ILCS 5/2-1002A
(735 ILCS 5/2-1002A) (from Ch. 110, par. 2-1002A)
Sec. 2-1002A.
Implementation by Supreme Court Rules.
The Supreme
Court shall by rule adopt procedures adapted to each judicial circuit to
implement mandatory arbitration under this Act.
(Source: P.A. 84-844.)
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735 ILCS 5/2-1003A
(735 ILCS 5/2-1003A) (from Ch. 110, par. 2-1003A)
Sec. 2-1003A.
Qualification, Appointment, and Compensation of
Arbitrators. The qualification and the method of appointment of
arbitrators shall be prescribed by rule. Arbitrators shall be entitled to
reasonable compensation for their services. Arbitration hearings shall be
conducted by arbitrators sitting in panels of three or of such lesser number
as may be stipulated by the parties.
(Source: P.A. 84-844.)
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735 ILCS 5/2-1004A
(735 ILCS 5/2-1004A) (from Ch. 110, par. 2-1004A)
Sec. 2-1004A.
Decision and Award.
Following an arbitration hearing as
prescribed by rule, the arbitrators' decision shall be filed with the
circuit court, together with proof of service on the parties. Within the
time prescribed by rule, any party to the proceeding may file with the
clerk of the court a written notice of the rejection of the award. In case
of such rejection, the parties may, upon payment of appropriate costs and
fees imposed by Supreme Court Rule as a consequence of the rejection,
proceed to trial before a judge or jury. Costs and fees received by the
clerk of the circuit court pursuant to this Section shall be remitted
within one month after receipt to the State Treasurer for deposit into the
Mandatory Arbitration Fund.
(Source: P.A. 85-408; 85-1007.)
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735 ILCS 5/2-1005A
(735 ILCS 5/2-1005A) (from Ch. 110, par. 2-1005A)
Sec. 2-1005A.
Judgment of the Court.
If no rejection of the award is
filed, a judge of the circuit court may enter the award as the judgment
of the court.
(Source: P.A. 84-844.)
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735 ILCS 5/2-1006A
(735 ILCS 5/2-1006A) (from Ch. 110, par. 2-1006A)
Sec. 2-1006A.
Uniform Arbitration Act.
The provisions of the Uniform
Arbitration Act shall not be applicable to the proceedings under this
Part 10A of Article II.
(Source: P.A. 84-1308.)
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735 ILCS 5/2-1007A
(735 ILCS 5/2-1007A) (from Ch. 110, par. 2-1007A)
Sec. 2-1007A.
The expenses of conducting mandatory arbitration
programs in the circuit court, including arbitrator fees, and the expenses
related to conducting such other alternative dispute resolution programs as may
be authorized by circuit court rule for operation in counties that have
implemented mandatory arbitration, shall be
determined by the Supreme Court and paid from the State Treasury on the
warrant of the Comptroller out of appropriations made for that purpose by
the General Assembly.
(Source: P.A. 89-532, eff. 7-19-96.)
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