(735 ILCS 110/20)
Sec. 20. Motion procedure and standards.
(a) On the filing of any motion as described in Section 15, a hearing and
decision on the motion must occur within 90 days after notice of the motion is
given to the
respondent.
An appellate
court shall expedite any appeal or other writ, whether interlocutory or not,
from a trial court order denying that motion or from a trial court's failure to
rule on that motion within 90 days after that trial court order or failure to
rule.
(b) Discovery shall be suspended pending a decision on the motion. However,
discovery may be taken, upon leave of court for good cause shown, on the issue
of whether the movants
acts are not immunized from, or are not in furtherance of acts immunized
from, liability by this Act.
(c) The court shall grant the motion and dismiss the judicial claim unless
the court finds that the responding party has produced clear and convincing
evidence that the acts of the moving party are not immunized from, or are not
in
furtherance of acts immunized from, liability by this Act.
(Source: P.A. 95-506, eff. 8-28-07.) |