101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0039

 

Introduced 1/9/2019, by Rep. André Thapedi

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-607  from Ch. 110, par. 2-607

    Amends the Code of Civil Procedure. Provides that if the pleader does not file and serve a bill of particulars within 28 days of the demand, or if the bill of particulars delivered is insufficient, the court may, among other things, award attorney's fees and costs. Provides a 28-day deadline for moving that a demand for a bill of particulars be denied or modified.


LRB101 04117 LNS 49125 b

 

 

A BILL FOR

 

HB0039LRB101 04117 LNS 49125 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-607 as follows:
 
6    (735 ILCS 5/2-607)  (from Ch. 110, par. 2-607)
7    Sec. 2-607. Bills of particulars.
8    (a) Within the time a party is to respond to a pleading,
9that party may, if allegations are so wanting in details that
10the responding party should be entitled to a bill of
11particulars, file and serve a notice demanding it. The notice
12shall point out specifically the defects complained of or the
13details desired. The pleader shall have 28 days to file and
14serve the bill of particulars, and the party who requested the
15bill shall have 28 days to plead after being served with the
16bill.
17    (b) If the pleader does not file and serve a bill of
18particulars within 28 days of the demand, or if the bill of
19particulars delivered is insufficient, the court may, on motion
20and in its discretion, strike the pleading, award attorney's
21fees and costs, allow further time to furnish the bill of
22particulars, or require a more particular bill to be filed and
23served.

 

 

HB0039- 2 -LRB101 04117 LNS 49125 b

1    (c) If a bill of particulars, in an action based on a
2contract, contains the statement of items of indebtedness and
3is verified by oath, the items thereof are admitted except in
4so far as the opposite party files an affidavit specifically
5denying them, and as to each item denied states the facts upon
6which the denial is based, unless the affidavit is excused by
7the court.
8    (d) If the party on whom a demand for a bill of particulars
9has been made believes that the party demanding it is not
10entitled to the particulars asked for, he or she may, within 28
11days of the demand, move the court that the demand be denied or
12modified.
13(Source: P.A. 86-646.)