97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5518

 

Introduced , by Rep. Jim Watson

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-625 new

    Amends the Code of Civil Procedure. Requires every pleading, motion, and other paper of a party represented by an attorney to be signed by at least one attorney of record in his or her individual name, whose address shall be stated. Provides that if a pleading, motion, or other paper is signed in violation of the requirement, the court may impose upon the person who signed it, a represented party, or both, an appropriate sanction. Provides that proceedings concerning alleged violations shall be brought within the civil action in which the pleading, motion, or other paper referred to has been filed, and no violation or alleged violation shall give rise to a separate civil suit, but shall be considered a claim within the same civil action. Provides that the provision shall apply to the State of Illinois or any agency of the State in the same manner as any other party. Provides that the judge shall set forth with specificity the reasons and basis of any sanction so imposed either in the judgment order itself or in a separate written order. Effective immediately.


LRB097 18914 AJO 64152 b

 

 

A BILL FOR

 

HB5518LRB097 18914 AJO 64152 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 adding
5Section 2-625 as follows:
 
6    (735 ILCS 5/2-625 new)
7    Sec. 2-625. Signed pleadings, motions, and other papers.
8    (a) Every pleading, motion, and other paper of a party
9represented by an attorney shall be signed by at least one
10attorney of record in his or her individual name, whose address
11shall be stated. A party who is not represented by an attorney
12shall sign his or her pleading, motion, or other paper and
13state his or her address. Except when otherwise specifically
14provided by rule or statute, pleadings need not be verified or
15accompanied by affidavit. The signature of an attorney or party
16constitutes a certificate by him or her that he or she has read
17the pleading, motion, or other paper; that to the best of his
18or her knowledge, information, and belief formed after
19reasonable inquiry it is well grounded in fact and is warranted
20by existing law or a good-faith argument for the extension,
21modification, or reversal of existing law, and that it is not
22interposed for any improper purpose, such as to harass or to
23cause unnecessary delay or needless increase in the cost of

 

 

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1litigation. If a pleading, motion, or other paper is not
2signed, then it shall be stricken unless it is signed promptly
3after the omission is called to the attention of the pleader or
4movant. If a pleading, motion, or other paper is signed in
5violation of this Section, the court, upon a motion or upon its
6own initiative, may impose upon the person who signed it, a
7represented party, or both, an appropriate sanction, which may
8include an order to pay to the other party or parties the
9amount of reasonable expenses incurred because of the filing of
10the pleading, motion, or other paper, including a reasonable
11attorney fee.
12    (b) All proceedings under this Section shall be brought
13within the civil action in which the pleading, motion, or other
14paper referred to has been filed, and no violation or alleged
15violation of this Section shall give rise to a separate civil
16suit, but shall be considered a claim within the same civil
17action. Motions brought pursuant to this Section must be filed
18within 30 days after the entry of final judgment or, if a
19timely post-judgment motion is filed, within 30 days after the
20ruling on the post-judgment motion.
21    (c) This Section shall apply to the State of Illinois or
22any agency of the State in the same manner as any other party.
23Furthermore, where the litigation involves review of a
24determination of an administrative agency, the court may
25include in its award for expenses an amount to compensate a
26party for costs actually incurred by that party in contesting

 

 

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1on the administrative level an allegation or denial made by the
2State without reasonable cause and found to be untrue.
3    (d) Where a sanction is imposed under this Section, the
4judge shall set forth with specificity the reasons and basis of
5any sanction so imposed either in the judgment order itself or
6in a separate written order.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.