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Public Act 100-0291


 

Public Act 0291 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0291
 
HB0188 EnrolledLRB100 03354 HEP 13359 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 2-301 as follows:
 
    (735 ILCS 5/2-301)  (from Ch. 110, par. 2-301)
    Sec. 2-301. Objections to jurisdiction over the person.
    (a) Prior to the filing of any other pleading or motion
other than as set forth in subsection (a-6) a motion for an
extension of time to answer or otherwise appear, a party may
object to the court's jurisdiction over the party's person,
either on the ground that the party is not amenable to process
of a court of this State or on the ground of insufficiency of
process or insufficiency of service of process, by filing a
motion to dismiss the entire proceeding or any cause of action
involved in the proceeding or by filing a motion to quash
service of process. Such a motion may be made singly or
included with others in a combined motion, but the parts of a
combined motion must be identified in the manner described in
Section 2-619.1. Unless the facts that constitute the basis for
the objection are apparent from papers already on file in the
case, the motion must be supported by an affidavit setting
forth those facts.
    (a-5) (Blank). If the objecting party files a responsive
pleading or a motion (other than a motion for an extension of
time to answer or otherwise appear) prior to the filing of a
motion in compliance with subsection (a), that party waives all
objections to the court's jurisdiction over the party's person.
    (a-6) A party filing any other pleading or motion prior to
the filing of a motion objecting to the court's jurisdiction
over the party's person as set forth in subsection (a) waives
all objections to the court's jurisdiction over the party's
person prospectively, unless the initial motion filed is one of
the following:
        (1) A motion for an extension of time to answer or
    otherwise plead.
        (2) A motion filed under Section 2-1301, 2-1401, or
    2-1401.1.
Any motion objecting to the court's jurisdiction over the
party's person as set forth in subsection (a) shall be filed
within 60 days of the court's order disposing of the initial
motion filed under Section 2-1301, 2-1401, or 2-1401.1. Nothing
in this subsection precludes a party from filing a motion under
subsection (a) combined with a motion under Section 2-1301,
2-1401, or 2-1401.1. If such a combined motion is filed, any
objection to the court's jurisdiction over the party's person
is not waived.
    (b) In disposing of a motion objecting to the court's
jurisdiction over the person of the objecting party, the court
shall consider all matters apparent from the papers on file in
the case, affidavits submitted by any party, and any evidence
adduced upon contested issues of fact. The court shall enter an
appropriate order sustaining or overruling the objection. No
determination of any issue of fact in connection with the
objection is a determination of the merits of the case or any
aspect thereof. A decision adverse to the objector does not
preclude the objector from making any motion or defense which
he or she might otherwise have made.
    (c) Error in ruling against the objecting party on the
objection is waived by the party's taking part in further
proceedings unless the objection is on the ground that the
party is not amenable to process issued by a court of this
State.
(Source: P.A. 91-145, eff. 1-1-00.)

Effective Date: 1/1/2018