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Public Act 92-0116
SB195 Enrolled LRB9201436RCtm
AN ACT concerning civil procedure.
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 2-616 as follows:
(735 ILCS 5/2-616) (from Ch. 110, par. 2-616)
Sec. 2-616. Amendments. (a) At any time before final
judgment amendments may be allowed on just and reasonable
terms, introducing any party who ought to have been joined as
plaintiff or defendant, dismissing any party, changing the
cause of action or defense or adding new causes of action or
defenses, and in any matter, either of form or substance, in
any process, pleading, bill of particulars or proceedings,
which may enable the plaintiff to sustain the claim for which
it was intended to be brought or the defendant to make a
defense or assert a cross claim.
(b) The cause of action, cross claim or defense set up
in any amended pleading shall not be barred by lapse of time
under any statute or contract prescribing or limiting the
time within which an action may be brought or right asserted,
if the time prescribed or limited had not expired when the
original pleading was filed, and if it shall appear from the
original and amended pleadings that the cause of action
asserted, or the defense or cross claim interposed in the
amended pleading grew out of the same transaction or
occurrence set up in the original pleading, even though the
original pleading was defective in that it failed to allege
the performance of some act or the existence of some fact or
some other matter which is a necessary condition precedent to
the right of recovery or defense asserted, if the condition
precedent has in fact been performed, and for the purpose of
preserving the cause of action, cross claim or defense set up
in the amended pleading, and for that purpose only, an
amendment to any pleading shall be held to relate back to the
date of the filing of the original pleading so amended.
(c) A pleading may be amended at any time, before or
after judgment, to conform the pleadings to the proofs, upon
terms as to costs and continuance that may be just.
(d) A cause of action against a person not originally
named a defendant is not barred by lapse of time under any
statute or contract prescribing or limiting the time within
which an action may be brought or right asserted, if all the
following terms and conditions are met: (1) the time
prescribed or limited had not expired when the original
action was commenced; (2) failure to join the person as a
defendant was inadvertent; (3) service of summons was in fact
had upon the person, his or her agent or partner, as the
nature of the defendant made appropriate, even though he or
she was served in the wrong capacity or as agent of another,
or upon a trustee who has title to but no power of management
or control over real property constituting a trust of which
the person is a beneficiary; (4) the person, within the time
that the action might have been brought or the right asserted
against him or her plus the time for service permitted under
Supreme Court Rule 103(b), received such notice of the
commencement of the action that the person will not be
prejudiced in maintaining a defense on the merits and knew or
should have known that, but for a mistake concerning the
identity of the proper party, the action would have been
brought against him or her knew that the original action was
pending and that it grew out of a transaction or occurrence
involving or concerning him or her; and (3) (5) it appears
from the original and amended pleadings that the cause of
action asserted in the amended pleading grew out of the same
transaction or occurrence set up in the original pleading,
even though the original pleading was defective in that it
failed to allege the performance of some act or the existence
of some fact or some other matter which is a necessary
condition precedent to the right of recovery when the
condition precedent has in fact been performed, and even
though the person was not named originally as a defendant.
For the purpose of preserving the cause of action under those
conditions, an amendment adding the person as a defendant
relates back to the date of the filing of the original
pleading so amended.
(e) A cause of action against a beneficiary of a land
trust not originally named a defendant is not barred by lapse
of time under any statute or contract prescribing or limiting
the time within which an action may be brought or right
asserted, if all the following terms and conditions are met:
(1) the cause of action arises from the ownership, use or
possession of real estate, record title whereto is held by a
land trustee; (2) the time prescribed or limited had not
expired when the original action was commenced; (3) the land
trustee of record is named as a defendant; and (4) the
plaintiff proceeds with reasonable diligence subsequent to
the commencement of the action to serve process upon the land
trustee, to determine the identity of the beneficiary, and to
amend the complaint to name the beneficiary as a defendant.
(f) The changes made by this amendatory Act of the 92nd
General Assembly apply to all complaints filed on or after
the effective date of this amendatory Act, and to complaints
filed before the effective date of this amendatory Act if the
limitation period has not ended before the effective date.
(Source: P.A. 85-907.)
Passed in the General Assembly May 01, 2001.
Approved July 20, 2001.
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