093_SB1158

 
                                     SRS093 00056 JEJ 00056 b

 1        AN ACT concerning civil procedure.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Code  of Civil Procedure is amended by
 5    changing Sections 2-801, 2-802, and 2-803 and adding Sections
 6    2-807, 2-808, and 2-809 as follows:

 7        (735 ILCS 5/2-801) (from Ch. 110, par. 2-801)
 8        Sec. 2-801. Prerequisites for the maintenance of a  class
 9    action.
10        (a)  An  action  may be maintained as a class action only
11    in the any court sitting in the county of this State in which
12    (i) the defendant's principal office  is  located,  (ii)  the
13    plurality of class members who are Illinois residents reside,
14    or (iii) the cause of action arose for the plurality of class
15    members.  and  A party may sue or be sued as a representative
16    party of the class only if the court finds:
17             (1)  The class is so numerous that  joinder  of  all
18        members is impracticable.
19             (2)  There  are  questions  of fact or law common to
20        the class, which common questions  predominate  over  any
21        questions  affecting  only individual members and a class
22        action is superior to other  available  methods  for  the
23        fair  and  efficient adjudication of the controversy. The
24        matters  pertinent  to  the  findings  include:  (A)  the
25        interest  of  members  of  the  class   in   individually
26        controlling   the  prosecution  or  defense  of  separate
27        actions; (B) the extent  and  nature  of  any  litigation
28        concerning   the  controversy  already  commenced  by  or
29        against members of the class;  (C)  the  desirability  or
30        undesirability  of  concentrating  the  litigation of the
31        claims in the  particular  forum;  (D)  the  difficulties
 
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 1        likely  to  be  encountered  in the management of a class
 2        action.
 3             (3)  The  representative  parties  will  fairly  and
 4        adequately protect the interest of the class.
 5             (4)  The class action is an appropriate  method  for
 6        the fair and efficient adjudication of the controversy.
 7        (b)  Notwithstanding  the provisions of subsection (a), a
 8    class action may be certified only if the  plurality  of  the
 9    class  members  are residents of Illinois or if the plurality
10    of the class members were physically  in  Illinois  when  the
11    cause of action arose.
12    (Source: P.A. 82-280.)

13        (735 ILCS 5/2-802) (from Ch. 110, par. 2-802)
14        Sec. 2-802. Order and findings relative to the class.
15        (a)  Preliminary determinations. Before making any of the
16    determinations  set  forth  in  subsections  (b) and (c), the
17    court shall determine  whether  the  action  which  has  been
18    brought  as  a  class  action has been commenced in the court
19    sitting in  the  County  of  this  State  in  which  (i)  the
20    defendant's  principal  office is located, (ii) the plurality
21    of class members who are Illinois residents reside, or  (iii)
22    the cause of action arose for the plurality of class members,
23    and,  if  the court determines that it has not been commenced
24    in such county, the court may not permit  the  action  to  be
25    maintained  as a class action pursuant to subsections (b) and
26    (c).
27        (b)  Determination of  Class.   As  soon  as  practicable
28    after  the  commencement  of  an  action  brought  as a class
29    action, the court shall determine by order whether it may  be
30    so  maintained  and describe those whom the court finds to be
31    members of the class.  This order may be conditional and  may
32    be amended before a decision on the merits.
33        (c)  (b)  Class Action on Limited Issues and Sub-classes.
 
                            -3-      SRS093 00056 JEJ 00056 b
 1    When appropriate, an action may be brought or maintained as a
 2    class action with respect to particular  issues,  or  divided
 3    into sub-classes  and each sub-class treated as a class.  The
 4    provisions  of  this rule shall then be construed and applied
 5    accordingly.
 6    (Source: P.A. 82-280.)

 7        (735 ILCS 5/2-803) (from Ch. 110, par. 2-803)
 8        Sec. 2-803. Notice to Class Members.
 9        (a)  For any class certified under this Part 8, the court
10    may direct appropriate notice to the class.
11        (b)  For any class certified under this Part 8, the court
12    must direct to class  members  the  best  notice  practicable
13    under  the  circumstances, including individual notice to all
14    members who can be identified through reasonable effort.  The
15    notice  must  concisely  and  clearly  state in plain, easily
16    understood language:
17             (1)  the nature of the action;
18             (2)  the definition of the class certified;
19             (3)  the class claims, issues, or defenses;
20             (4)  that a class member  may  enter  an  appearance
21        through counsel if the member so desires;
22             (5)  that  the court will exclude from the class any
23        member who  requests  exclusion,  stating  when  and  how
24        members may elect to be excluded; and
25             (6)  the binding effect of a class judgment on class
26        members  under  this  Part  8.  in  class  cases.  Upon a
27        determination that an action may be maintained as a class
28        action, or at any time during the conduct of the  action,
29        the court in its discretion may order such notice that it
30        deems necessary to protect the interests of the class and
31        the parties.
32        An order entered under subsection (a) of Section 2-802 of
33    this  Act,  determining that an action may be maintained as a
 
                            -4-      SRS093 00056 JEJ 00056 b
 1    class action, may be conditioned  upon  the  giving  of  such
 2    notice as the court deems appropriate.
 3    (Source: P.A. 83-707.)

 4        (735 ILCS 5/2-807 new)
 5        Sec.   2-807.  Judicial  scrutiny  of  coupon  and  other
 6    noncash  settlements.  The  court  may  approve  a   proposed
 7    settlement  under  which  the  class  members  would  receive
 8    coupons  or other similar noncash benefits or would otherwise
 9    be required to expend funds to obtain  part  or  all  of  the
10    proposed  benefits only after a hearing to determine whether,
11    and making a written finding that, the  settlement  is  fair,
12    reasonable, and adequate for class members.

13        (735 ILCS 5/2-808 new)
14        Sec.  2-808.  Protection  against  loss by class members.
15    The court may approve a proposed settlement under  which  any
16    class  member  is obligated to pay sums to class counsel that
17    would result in a net loss to the class member  only  if  the
18    court  makes  a  written finding that nonmonetary benefits to
19    the class member outweigh the monetary loss.

20        (735 ILCS 5/2-809 new)
21        Sec. 2-809.  Attorney's fees. Any  attorney  representing
22    any  member  or  members  of  the  plaintiff class in a class
23    action may seek payment of attorney's fees and costs pursuant
24    to a petition filed with the court of jurisdiction. The court
25    shall make a determination based on findings of fact that the
26    amount awarded for attorney's fees and  costs  is  reasonable
27    and commensurate with the benefits conferred upon the members
28    of the class represented by the attorney or attorneys who are
29    the petitioners for fees and costs.