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| Public Act 100-0291 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 2-301 as follows:
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(735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
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Sec. 2-301. Objections to jurisdiction over the person.
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(a) Prior to the filing of any other pleading or motion
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other than as set forth in subsection (a-6) a motion for an | ||||
extension of time to answer or otherwise appear, a
party may
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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
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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.
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(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
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motion in compliance with subsection (a), that party waives all | ||
objections to
the court's
jurisdiction over the party's person.
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(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
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preclude the objector from making any motion or defense which | ||
he or she might
otherwise
have made.
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(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.
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(Source: P.A. 91-145, eff. 1-1-00.)
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