State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_SB0401

 
                                               LRB9100138DJcd

 1        AN  ACT  concerning  objections to a court's jurisdiction
 2    over the person, amending named Acts.

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

 5        Section  5.  The Juvenile Court Act of 1987 is amended by
 6    changing Section 2-15 as follows:

 7        (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
 8        Sec. 2-15.  Summons.
 9        (1)  When  a  petition  is  filed, the clerk of the court
10    shall issue a summons with a copy of the  petition  attached.
11    The  summons  shall be directed to the minor's legal guardian
12    or custodian and to each person named as a respondent in  the
13    petition, except that summons need not be directed to a minor
14    respondent under 8 years of age for whom the court appoints a
15    guardian  ad litem if the guardian ad litem appears on behalf
16    of the minor in any proceeding under this Act.
17        (2)  The summons must contain a statement that the  minor
18    or  any  of  the  respondents is entitled to have an attorney
19    present at the hearing on the petition, and that the clerk of
20    the court should be notified promptly if  the  minor  or  any
21    other respondent desires to be represented by an attorney but
22    is financially unable to employ counsel.
23        (3)  The  summons  shall  be issued under the seal of the
24    court, attested in and signed with the name of the  clerk  of
25    the  court,  dated on the day it is issued, and shall require
26    each respondent to appear and answer the petition on the date
27    set for the adjudicatory hearing.  The summons shall  contain
28    a  notice  that  the  parties will not be entitled to further
29    written notices or publication notices of proceedings in this
30    case, including the filing of an amended petition or a motion
31    to terminate parental rights, except as required  by  Supreme
 
                            -2-                LRB9100138DJcd
 1    Court Rule 11.
 2        (4)  The  summons  may  be  served by any county sheriff,
 3    coroner or probation officer, even though the officer is  the
 4    petitioner.  The  return  of  the summons with endorsement of
 5    service by the officer is sufficient proof thereof.
 6        (5)  Service of a summons and petition shall be made  by:
 7    (a)  leaving a copy thereof with the person summoned at least
 8    3 days before the time stated  therein  for  appearance;  (b)
 9    leaving  a  copy at his usual place of abode with some person
10    of the family, of  the  age  of  10  years  or  upwards,  and
11    informing  that  person of the contents thereof, provided the
12    officer or other person making service shall also send a copy
13    of the summons  in  a  sealed  envelope  with  postage  fully
14    prepaid,  addressed to the person summoned at his usual place
15    of abode, at least 3 days before the time stated therein  for
16    appearance;  or  (c) leaving a copy thereof with the guardian
17    or custodian of a minor, at least  3  days  before  the  time
18    stated  therein for appearance.  If the guardian or custodian
19    is an agency of the State of Illinois, proper service may  be
20    made  by  leaving a copy of the summons and petition with any
21    administrative employee of such  agency  designated  by  such
22    agency  to  accept  service  of  summons  and  petitions. The
23    certificate of the officer or affidavit of the person that he
24    has sent the copy pursuant  to  this  Section  is  sufficient
25    proof of service.
26        (6)  When  a  parent  or  other  person, who has signed a
27    written promise to appear and bring the minor to court or who
28    has waived or acknowledged service, fails to appear with  the
29    minor  on  the  date set by the court, a bench warrant may be
30    issued for the parent or other person, the minor, or both.
31        (7)  The appearance of  the  minor's  legal  guardian  or
32    custodian,  or  a person named as a respondent in a petition,
33    in any proceeding under this Act shall constitute a waiver of
34    service of summons and submission to the jurisdiction of  the
 
                            -3-                LRB9100138DJcd
 1    court,  except that the filing of a motion special appearance
 2    authorized under Section 2-301 of the Code of Civil Procedure
 3    does not constitute an appearance under this  subsection.   A
 4    copy  of  the  summons  and petition shall be provided to the
 5    person at the time of his appearance.
 6        (8)  Notice to a parent who has appeared or  been  served
 7    with summons personally or by certified mail, and for whom an
 8    order  of  default  has  been  entered  on  the  petition for
 9    wardship and has not been set  aside  shall  be  provided  in
10    accordance  with  Supreme  Court Rule 11.  Notice to a parent
11    who was served by  publication  and  for  whom  an  order  of
12    default has been entered on the petition for wardship and has
13    not  been set aside shall be provided in accordance with this
14    Section and Section 2-16.
15    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
16    eff. 6-30-98.)

17        Section 10.  The Code of Civil Procedure  is  amended  by
18    changing Section 2-301 as follows:

19        (735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
20        Sec. 2-301. Objections to jurisdiction over the person.
21    Special appearance.
22        (a)  Prior  to the filing of any other pleading or motion
23    other than a motion for an extension of  time  to  answer  or
24    otherwise   appear,   a  party  may  object  to  the  court's
25    jurisdiction over the party's person on the ground  that  the
26    party  is not amenable to process of a court of this State or
27    on the ground of insufficiency of process or insufficiency of
28    service of process by filing a motion to dismiss  the  entire
29    proceeding  or any cause of action involved in the proceeding
30    or by filing a motion to quash service of  process.   Such  a
31    motion  may  be  made  singly  or  included  with others in a
32    combined motion, but the parts of a combined motion  must  be
 
                            -4-                LRB9100138DJcd
 1    identified  in  the  manner  described  in  Section  2-619.1.
 2    Unless  the facts that constitute the basis for the objection
 3    are apparent from papers already on file  in  the  case,  the
 4    motion  must be supported by an affidavit setting forth those
 5    facts. , a special appearance may be made either in person or
 6    by attorney for the purpose of objecting to the  jurisdiction
 7    of  the  court  over  the  person of the defendant. A special
 8    appearance may be made as to an entire proceeding  or  as  to
 9    any cause of action involved therein. Every appearance, prior
10    to  judgment,  not  in  compliance  with  the  foregoing is a
11    general appearance.
12        (a-5) If the objecting party files a responsive  pleading
13    or  a motion (other than a motion for an extension of time to
14    answer or otherwise appear) prior to the filing of  a  motion
15    in  compliance  with  subsection  (a),  that party waives all
16    objections to  the  court's  jurisdiction  over  the  party's
17    person.
18        (b)  If  the  reasons for objection are not apparent from
19    the papers on file in the case, the special appearance  shall
20    be  supported  by  affidavit  setting  forth  the reasons. In
21    disposing of a motion objecting to the  court's  jurisdiction
22    over  the  person  of  the  objecting party,  ruling upon the
23    objection, the court shall consider all matters apparent from
24    the papers on file in the case, affidavits submitted  by  any
25    party,  and  any  evidence  adduced  upon  contested disputed
26    issues of fact. The court shall enter  an  appropriate  order
27    sustaining  or  overruling the objection. No determination of
28    any issue of fact in  connection  with  the  objection  is  a
29    determination  of  the  merits  of  the  case  or  any aspect
30    thereof. A decision adverse to the objector does not preclude
31    the objector from making any motion or defense  which  he  or
32    she might otherwise have made.
33        (c)  If  the court sustains the objection, an appropriate
34    order shall be entered. Error in ruling against the objecting
 
                            -5-                LRB9100138DJcd
 1    party defendant on the objection is  waived  by  the  party's
 2    defendant's  taking  part in further proceedings in the case,
 3    unless  the  objection  is  on  the  ground  that  the  party
 4    defendant is not amenable to process issued  by  a  court  of
 5    this State.
 6    (Source: P.A. 82-280.)

[ Top ]