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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_SB0401enr SB401 Enrolled 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 SB401 Enrolled -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 SB401 Enrolled -3- LRB9100138DJcd 1 court, except that the filing of a motionspecial appearance2 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. 21Special 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, either on the ground 26 that the party is not amenable to process of a court of this 27 State or on the ground of insufficiency of process or 28 insufficiency of service of process, by filing a motion to 29 dismiss the entire proceeding or any cause of action involved 30 in the proceeding or by filing a motion to quash service of 31 process. Such a motion may be made singly or included with 32 others in a combined motion, but the parts of a combined SB401 Enrolled -4- LRB9100138DJcd 1 motion must be identified in the manner described in Section 2 2-619.1. Unless the facts that constitute the basis for the 3 objection are apparent from papers already on file in the 4 case, the motion must be supported by an affidavit setting 5 forth those facts., a special appearance may be made either6in person or by attorney for the purpose of objecting to the7jurisdiction of the court over the person of the defendant. A8special appearance may be made as to an entire proceeding or9as to any cause of action involved therein. Every appearance,10prior to judgment, not in compliance with the foregoing is a11general 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 from19the papers on file in the case, the special appearance shall20be 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 the23objection,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 contesteddisputed26 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 appropriate34order shall be entered.Error in ruling against the objecting SB401 Enrolled -5- LRB9100138DJcd 1 partydefendanton the objection is waived by the party's 2defendant'staking part in further proceedingsin the case,3 unless the objection is on the ground that the party 4defendantis not amenable to process issued by a court of 5 this State. 6 (Source: P.A. 82-280.)