Illinois Compiled Statutes
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CIVIL PROCEDURE735 ILCS 5/2-901
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/2-901)
(from Ch. 110, par. 2-901)
Actions on penal bonds.
In an action on a penal bond the plaintiff may allege as many
breaches as the plaintiff may think fit. Damages shall be assessed for the breaches
which are proved. The judgment for the penalty stands as security for
all other breaches which may occur thereafter. The court may at any
time thereafter, upon motion of plaintiff and 10 days' notice, assess
damages for each subsequent breach. An order shall be entered after each
assessment of damages for the enforcement of the judgment for the amount of
the additional damages assessed, until the full amount of the judgment
(Source: P.A. 82-280.)
735 ILCS 5/Art. II Pt. 10
(735 ILCS 5/Art. II Pt. 10 heading)
735 ILCS 5/2-1001
(735 ILCS 5/2-1001)
(from Ch. 110, par. 2-1001)
Substitution of judge.
(a) A substitution of judge in any civil action may be had in the following
(1) Involvement of judge. When the judge is a party
or interested in the action, or his or her testimony is material to either of the parties to the action, or he or she is related to or has been counsel for any party in regard to the matter in controversy. In any such situation a substitution of judge may be awarded by the court with or without the application of either party.
(2) Substitution as of right. When a party timely
exercises his or her right to a substitution without cause as provided in this paragraph (2).
(i) Each party shall be entitled to one
substitution of judge without cause as a matter of right.
(ii) An application for substitution of judge as
of right shall be made by motion and shall be granted if it is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case, or if it is presented by consent of the parties.
(iii) If any party has not entered an appearance
in the case and has not been found in default, rulings in the case by the judge on any substantial issue before the party's appearance shall not be grounds for denying an otherwise timely application for substitution of judge as of right by the party.
(3) Substitution for cause. When cause exists.
(i) Each party shall be entitled to a
substitution or substitutions of judge for cause.
(ii) Every application for substitution of judge
for cause shall be made by petition, setting forth the specific cause for substitution and praying a substitution of judge. The petition shall be verified by the affidavit of the applicant.
(iii) Upon the filing of a petition for
substitution of judge for cause, a hearing to determine whether the cause exists shall be conducted as soon as possible by a judge other than the judge named in the petition. The judge named in the petition need not testify but may submit an affidavit if the judge wishes. If the petition is allowed, the case shall be assigned to a judge not named in the petition. If the petition is denied, the case shall be assigned back to the judge named in the petition.
(4) Substitution in contempt proceedings. When any
defendant in a proceeding for contempt arising from an attack upon the character or conduct of a judge occurring otherwise than in open court, and the proceeding is pending before the judge whose character or conduct was impugned, fears that he or she will not receive a fair and impartial trial before that judge. In any such situation the application shall be by petition, verified by the applicant, and shall be filed before the trial of the contempt proceeding.
(b) An application for substitution of judge may be made to the court in
which the case is pending, reasonable notice of the application having been
given to the adverse party or his or her attorney.
(c) When a substitution of judge is granted, the case may be assigned to
some other judge in the same county, or in some other convenient county, to
which there is no valid objection. If the case is assigned to a judge in some
other county, the provisions of subsections (f) through (m) of Section 2-1001.5
(Source: P.A. 94-531, eff. 1-1-06.)
735 ILCS 5/2-1001.5
(735 ILCS 5/2-1001.5)
(from Ch. 110, par. 2-1001.5)
Change of venue.
(a) A change of venue in any civil action may be had when the court
determines that any party may not receive a fair trial in the court in
which the action is pending because the inhabitants of the county are
prejudiced against the party, or his or her attorney, or the adverse party
has an undue influence over the minds of the inhabitants.
(b) Every application for a change of venue by a party or his or her
attorney shall be by petition, verified by the affidavit of the applicant. The
petition shall set forth the facts upon which the petitioner bases his or her
belief of prejudice of the inhabitants of the county or the undue influence of
the adverse party over their minds, and must be supported by the affidavits of
at least 2 other reputable persons residing in the county. The adverse party
may controvert the petition by counter affidavits, and the court may grant or
deny the petition as shall appear to be according to the right of the case.
(c) A petition for change of venue shall not be granted unless it is
presented before trial or hearing begins and before the judge to whom it is
presented has ruled on any substantial issue in the case, but if any ground
for change of venue occurs thereafter, a petition for change of venue
may be presented based upon that ground.
(d) The application may be made to the court in which the case is pending,
reasonable notice thereof having been given to the adverse party or his or her
(e) When a change of venue is granted, it shall be to some other
convenient county to which there is no valid objection.
(f) The order for a change of venue may be made subject to such equitable
terms and conditions as safety to the rights of the parties may seem to
require, and the court in its discretion may prescribe.
(g) The expenses attending a change of venue shall be taxed by the clerk
of the court from which the case is certified according to the rates
established by law for like services, and shall be paid by the petitioner and
not allowed as part of the costs in the action.
(h) The order shall be void unless the party obtaining a change of venue
shall, within 15 days, or such shorter time as the court may prescribe,
pay to the clerk the expenses attending the change.
(i) Where the venue is changed without the application of either party,
the costs of such change shall abide the event of the action.
(j) In all cases of change of venue, the clerk of the court from which
the change is granted shall immediately prepare a full transcript of the
record and proceedings in the case, and of the petition, affidavits and
order for the change of venue, and transmit the same, together with all
the papers filed in the case, to the proper court, but when the venue is
changed, on behalf of a part of the defendants in a condemnation proceeding,
it shall not be necessary to transmit the original papers in the case, and
it shall be sufficient to transmit certified copies of so much thereof as
pertains to the case so changed. Such transcript and papers or copies may
be transmitted by mail, or in such other ways as the court may direct.
(k) The clerk of the court to which the change of venue is granted shall
file the transcript and papers transmitted and docket the cause, and such
cause shall be proceeded in and determined before and after judgment, as
if it had originated in such court.
(l) All questions concerning the regularity of the proceedings in a change
of venue, and the right of the court to which the change is made to try
the cause and enforce the judgment, shall be considered as waived after
trial and verdict.
(m) Upon the entry of judgment of any civil cause in which the venue has
been changed, it shall be lawful for the party in whose favor judgment is
entered, to file in the office of the clerk of the court where the action
was instituted a transcript of such judgment, and the clerk shall file the same
of record, and enforcement may be had thereon, and the same shall, from
the time of filing such transcript, have the same operation and effect as
if originally recovered in such court.
(Source: P.A. 87-949.)
735 ILCS 5/2-1003
(735 ILCS 5/2-1003)
(from Ch. 110, par. 2-1003)
Discovery and depositions.
(a) Discovery, such as admissions of
fact and of genuineness of documents, physical and mental examinations of parties and other persons, the taking of any depositions, and interrogatories,
shall be in accordance with rules.
(d) Whenever the defendant in any litigation in this State has the right
to demand a physical or mental examination of the plaintiff pursuant to
statute or Supreme Court Rule, relative to the occurrence and extent of
injuries or damages for which claim is made, or in connection with the
plaintiff's capacity to exercise any right plaintiff has, or would have
but for a finding based upon such examination, the plaintiff has the
right to have his or her attorney, or such other person as the plaintiff
may wish, present at such physical or mental examination.
(e) No person or organization shall be required to furnish claims,
loss or risk management information held or provided by an insurer, which
information is described in Section 143.10a of the "Illinois Insurance Code".
(Source: P.A. 99-110, eff. 1-1-16
735 ILCS 5/2-1004
(735 ILCS 5/2-1004)
(from Ch. 110, par. 2-1004)
The holding of pretrial conferences shall be in accordance with
(Source: P.A. 82-280.)
735 ILCS 5/2-1005
(735 ILCS 5/2-1005)
(from Ch. 110, par. 2-1005)
(a) For plaintiff. Any time after the
opposite party has appeared or after the time within which he or she is
required to appear has expired, a plaintiff may move with or without
supporting affidavits for a summary judgment in his or her favor for all or any
part of the relief sought.
(b) For defendant. A defendant may, at any time, move with or
without supporting affidavits for a summary judgment in his or her favor as to
all or any part of the relief sought against him or her.
(c) Procedure. The opposite party may prior to or at the time of
the hearing on the motion file counteraffidavits. The judgment sought
shall be rendered without delay if the pleadings, depositions, and
admissions on file, together with the affidavits, if any, show that
there is no genuine issue as to any material fact and that the moving
party is entitled to a judgment as a matter of law. A summary judgment,
interlocutory in character, may be rendered on the issue of liability
alone although there is a genuine issue as to the amount of damages.
(d) Summary determination of major issues. If the court determines
that there is no genuine issue of material fact as to one or more of the
major issues in the case, but that substantial controversy exists with
respect to other major issues, or if a party moves for a summary
determination of one or more, but less than all, of the major issues in the
case, and the court finds that there is no genuine issue of material fact
as to that issue or those issues, the court shall thereupon draw an order
specifying the major issue or issues that appear without substantial
controversy, and directing such further proceedings upon the remaining
undetermined issues as are just. Upon the trial of the case, the facts so
specified shall be deemed established, and the trial shall be conducted accordingly.
(e) Form of affidavits. The form and contents of and procedure
relating to affidavits under this Section shall be as provided by rule.
(f) Affidavits made in bad faith. If it appears to the satisfaction
of the court at any time that any affidavit presented pursuant to this
Section is presented in bad faith or solely for the purpose of delay,
the court shall without delay order the party employing it to pay to the
other party the amount of the reasonable expenses which the filing of
the affidavit caused him or her to incur, including reasonable attorney's fees,
and any offending party or attorney may be adjudged guilty of contempt.
(g) Amendment of pleading. Before or after the entry of a summary
judgment, the court shall permit pleadings to be amended upon just and
(Source: P.A. 84-316.)
735 ILCS 5/2-1006
(735 ILCS 5/2-1006)
(from Ch. 110, par. 2-1006)
Consolidation and severance of cases.
An action may be severed, and actions pending in the same court may
be consolidated, as an aid to convenience, whenever it can be done
without prejudice to a substantial right.
(Source: P.A. 82-280.)
735 ILCS 5/2-1007
(735 ILCS 5/2-1007)
(from Ch. 110, par. 2-1007)
Extension of time and continuances.
On good cause shown, in the discretion of the court and on just
terms, additional time may be granted for the doing of any act or the
taking of any step or proceeding prior to judgment.
The circumstances, terms and conditions under which continuances may
be granted, the time and manner in which application therefor shall be
made, and the effect thereof, shall be according to rules. However, in
actions involving building code violations or violations of municipal ordinances
caused by the failure of a building or structure to conform to the minimum
standards of health and safety, the court shall grant a continuance only
upon a written motion by the party seeking the continuance specifying the
reason why such continuance should be granted.
It is sufficient cause for the continuance of any action that any
party applying therefor or his or her attorney is a member of either house of
the General Assembly during the time the General Assembly is in session,
or if any party's
attorney is a bona fide member of a religious faith that dictates
that the individual refrain from normal business activity or attend
religious services as a part of the observance of a religious holiday and requests
a continuance to observe such religious holiday when the date of a
scheduled court proceeding conflicts with the date of such holiday,
or if any party
applying therefor or his or her attorney is a delegate to a
State Constitutional Convention during the time the Constitutional
Convention is in session, if the presence of such party is necessary for
the full and fair trial of the action and, in the case of his or her attorney,
if such attorney was retained by such party prior to the time the cause
was set for trial.
(Source: P.A. 84-931.)
735 ILCS 5/2-1007.1
(735 ILCS 5/2-1007.1)
(from Ch. 110, par. 2-1007.1)
Preference in setting for trial.
(a) A party who is
an individual and has
reached the age of 70 years shall, upon motion by that party, be entitled
to preference in setting for trial unless the court finds that the party
does not have a substantial interest in the case as a whole.
(b) The court may, in its discretion, grant a motion for preference in
setting for trial where a party shows good cause that the interests of
justice will be served by granting a preference in setting for trial.
(Source: P.A. 86-854.)
735 ILCS 5/2-1008
(735 ILCS 5/2-1008)
(from Ch. 110, par. 2-1008)
change of interest or liability; substitution of
(a) Change of interest or liability. If by reason of marriage,
bankruptcy, assignment, or any other event occurring after the
commencement of a cause or proceeding, either before or after judgment,
causing a change or transmission of interest or liability, or by reason
of any person interested coming into existence after commencement of the
action, it becomes necessary or desirable that any person not already a
party be before the court, or that any person already a party be made
party in another capacity, the action does not abate, but on motion an
order may be entered that the proper parties be substituted or added,
and that the cause or proceeding be carried on with the remaining
parties and new parties, with or without a change in the title of the
(b) Death. If a party to an action dies and the action is one which
survives, the proper party or parties may be substituted by order of
court upon motion as follows:
(1) If no petition for letters of office for the
decedent's estate has been filed, the court may appoint a special representative for the deceased for the purpose of prosecuting the action. The appointment shall be on verified motion of any party who appears entitled to participate in the deceased's estate, reciting the names and last known addresses of all known heirs and the legatees and executor named in any will that has been filed. The court's determination that a person appears entitled to participate in the deceased's estate shall be solely for purposes of this Section and not determinative of rights in final disposition. Within 90 days after appointment, the special representative shall notify the heirs and legatees of the following information by mail: that an appointment has been made, the court in which the case was filed, the caption of the case, and a description of the nature of the case. The special representative shall publish notice to unknown heirs and legatees as provided in the Probate Act of 1975. If a will is filed within 90 days after the appointment of the special representative, the same notice shall be given to any additional executors and legatees named in the will. At any time that an estate is opened with a representative other than the special representative, the court may upon motion substitute the representative for the special representative. In this case, the court shall allow disbursements and fees of the special representative and his or her attorney as a claim against any proceeds received. The proceeds of any judgment or settlement shall be distributed under the provisions of the Probate Act of 1975. This paragraph (1) does not apply to actions pending under the Wrongful Death Act.
(2) If a person against whom an action has been
brought dies, and the cause of action survives and is not otherwise barred, his or her personal representative shall be substituted as a party. If no petition has been filed for letters of office for the deceased's estate, the court, upon the motion of a person bringing an action and after the notice to the party's heirs or legatees as the court directs and without opening an estate, may appoint a special representative for the deceased party for the purposes of defending the action. If a party elects to have a special representative appointed under this paragraph (2), the recovery shall be limited to the proceeds of any liability insurance protecting the estate and shall not bar the estate from enforcing any claims that might have been available to it as counterclaims.
If a motion to substitute is not
filed within 90 days
after the death is suggested of record, the action may be dismissed as
to the deceased party.
In the event of the death of a party in an action in which the right
sought to be enforced survives only as to the remaining parties to the
action, the action does not abate. The death shall be suggested of
record and the action shall proceed in favor of or against the remaining
No action brought for the use of another abates by reason of the
death of the plaintiff whose name is used but may be maintained by the
party for whose use it was brought in his or her own name upon suggesting the
death of record and the entry of an order of substitution.
(c) Legal disability. If a party is declared to be a person under legal
disability, that fact
shall be suggested of record and the prosecution or defense shall be
maintained by his or her representative, guardian ad litem or next friend, as
may be appropriate.
(d) Trustees; public officers. If any trustee or any public officer
ceases to hold the trust or office and that fact is suggested of record,
the action shall proceed in favor of or against his or her successor.
(e) Service of process. Parties against whom relief is sought,
substituted under subsection (a) hereof, shall be brought in by service
of process. Service of process on parties substituted under subsections
(b), (c), and (d) hereof is not required, but notice shall be given as
the court may direct.
(Source: P.A. 90-111, eff. 7-14-97.)
735 ILCS 5/2-1009
(735 ILCS 5/2-1009)
(from Ch. 110, par. 2-1009)
(a) The plaintiff may, at any time before trial or hearing begins,
upon notice to each party who has appeared or each such party's attorney, and
payment of costs, dismiss his or her action or any part thereof as to any
defendant, without prejudice, by order filed in the cause.
(b) The court may hear and decide a motion that has been filed prior to a
motion filed under subsection (a) of this Section when that prior filed motion,
if favorably ruled on by the court, could result in a final disposition of the
(c) After trial or hearing begins, the plaintiff
may dismiss, only on terms fixed by the court (1) upon filing a
stipulation to that effect signed by the defendant, or (2) on motion
specifying the ground for dismissal, which shall be supported by
affidavit or other proof.
(d) A dismissal under subsection (a) of this Section does not dismiss a
pending counterclaim or third party complaint.
(e) Counterclaimants and third-party plaintiffs may dismiss upon
same terms and conditions as plaintiffs.
(Source: P.A. 88-157.)
735 ILCS 5/2-1010
(735 ILCS 5/2-1010)
(from Ch. 110, par. 2-1010)
(a) In any action, whether in tort, contract or otherwise,
in which the plaintiff seeks damages for injuries or death by reason of
medical, hospital, or other healing art malpractice, a party may, in lieu
of answering or otherwise pleading, file an affidavit certifying that he or
she was not directly or indirectly involved in the occurrence or
occurrences alleged in the action. In the event such an affidavit is filed,
the court shall order the dismissal of the claim against the certifying
party, except as provided for in subparagraph (b).
(b) Any party may oppose the dismissal or move to vacate the order of
dismissal and reinstate the certifying party, provided he or she can show
that the certifying party was directly or indirectly involved in the
occurrence or occurrences alleged in the action.
The party opposing the dismissal may, after the filing of an affidavit
under this Section, have discovery with respect to the involvement or
noninvolvement of the party filing the affidavit, provided that such
discovery is completed within 60 days of the filing of such affidavit.
(c) This Section does not apply to or affect any actions pending
at the time of its effective date, but applies to cases filed on or
after its effective date.
(Source: P.A. 84-7.)