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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/2-1119
(735 ILCS 5/2-1119)
Sec. 2-1119.
Tampering with anhydrous ammonia equipment, containers, or
storage facilities.
(a) A person
tampering with anhydrous ammonia equipment, containers, or storage facilities
does not have a cause of
action against the owner of the equipment, containers, or
storage facilities, any person
responsible for the installation or operation of the equipment,
containers, or storage facilities,
the person
lawfully selling anhydrous ammonia, the person who lawfully purchases anhydrous
ammonia for agricultural purposes, or the person who operates or uses anhydrous
ammonia equipment, containers, or storage facilities
when lawfully applying anhydrous ammonia for agricultural
purposes.
(b) No person may commence a derivative action against the owner of
anhydrous ammonia equipment, containers, or storage facilities,
any person responsible for the installation or
operation of the equipment, containers, or storage facilities,
the person lawfully selling anhydrous ammonia, the
person who lawfully purchases anhydrous ammonia for agricultural purposes, or
the person who operates or uses anhydrous ammonia equipment, containers, or
storage facilities when lawfully
applying anhydrous ammonia for agricultural purposes when the injured person
has tampered with anhydrous ammonia equipment, containers, or storage
facilities.
(c) Tampering with anhydrous ammonia equipment, containers, or storage
facilities
occurs when any person who is
not authorized by the owner of the anhydrous ammonia or anhydrous ammonia
equipment, containers, or storage facilities
transfers or attempts to transfer anhydrous ammonia to another
container or causes damage to anhydrous ammonia equipment, containers, or
storage facilities.
(d) For purposes of this
Section:
"Anhydrous ammonia"
means the compound
defined in paragraph (d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment", "anhydrous ammonia storage containers", and
"anhydrous ammonia storage facilities" are defined in the rules adopted under
the Illinois Fertilizer Act of 1961.
(e) The immunity to civil liability provided in this Section does not
apply to any act or omission caused by the willful and wanton negligence of any
person.
(Source: P.A. 91-263, eff. 1-1-00.)
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735 ILCS 5/Art. II Pt. 12
(735 ILCS 5/Art. II Pt. 12 heading)
Part 12.
Post-Trial
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735 ILCS 5/2-1201
(735 ILCS 5/2-1201) (from Ch. 110, par. 2-1201)
Sec. 2-1201.
Return of verdict - Separate counts - Defective or unproved
counts.
(a) It is sufficient for the jury to pronounce its verdict by
its foreman in open court, without reducing it to writing, if it is a
general verdict. The clerk shall enter it in form, under the direction
of the court.
(b) Promptly upon the return of a verdict, the court shall enter
judgment thereon.
(c) If there are several counts in a complaint, counterclaim or
third-party complaint based on different claims upon which separate
recoveries might be had, the court shall, on the motion of any party,
direct the jury to find a separate verdict upon each claim.
(d) If several grounds of recovery are pleaded in support of the
same claim, whether in the same or different counts, an entire verdict
rendered for that claim shall not be set aside or reversed for the
reason that any ground is defective, if one or more of the grounds is
sufficient to sustain the verdict; nor shall the verdict be set aside or
reversed for the reason that the evidence in support of any ground is
insufficient to sustain a recovery thereon, unless before the case was
submitted to the jury a motion was made to withdraw that ground from the
jury on account of insufficient evidence and it appears that the denial
of the motion was prejudicial.
(Source: P.A. 83-707.)
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735 ILCS 5/2-1202
(735 ILCS 5/2-1202) (from Ch. 110, par. 2-1202)
Sec. 2-1202.
Reserved ruling on motion for directed verdict - Post-trial
motions in jury cases.
(a) If at the close of the evidence, and before the case is
submitted to the jury, any party moves for a directed verdict the court
may (1) grant the motion or (2) deny the motion or reserve its ruling
thereon and submit the case to the jury. If the court denies the motion
or reserves its ruling thereon, the motion is waived unless the request
is renewed in the post-trial motion.
(b) Relief desired after trial in jury cases, heretofore sought by
reserved motions for directed verdict or motions
for judgment notwithstanding the verdict, in arrest
of judgment or for new trial, must be sought in a single post-trial
motion. Relief after trial may include the entry of judgment if under
the evidence in the case it would have been the duty of the court to
direct a verdict without submitting the case to the jury, even though no
motion for directed verdict was made or if made was denied or ruling
thereon reserved. The post-trial motion must contain the points relied
upon, particularly specifying the grounds in support thereof, and must
state the relief desired, as for example, the entry of a judgment, the
granting of a new trial or other appropriate relief. Relief sought in
post-trial motions may be in the alternative or may be conditioned upon
the denial of other relief asked in preference thereto, as for example,
a new trial may be requested in the event a request for judgment is
denied.
(c) Post-trial motions must be filed within 30 days after the entry
of judgment or the discharge of the jury, if no verdict is reached, or
within any further time the court may allow within the 30 days or any
extensions thereof. A party against whom judgment is entered pursuant to
post-trial motion shall have like time after the entry of the judgment
within which to file a post-trial motion.
(d) A post-trial motion filed in apt time stays enforcement of the
judgment.
(e) Any party who fails to seek a new trial in his or her post-trial
motion, either conditionally or unconditionally, as herein provided,
waives the right to apply for a new trial, except in cases in which the
jury has failed to reach a verdict.
(f) The court must rule upon all relief sought in all post-trial
motions. Although the ruling on a portion of the relief sought renders
unnecessary a ruling on other relief sought for purposes of further
proceedings in the trial court, the court must nevertheless rule
conditionally on the other relief sought by determining whether it
should be granted if the unconditional rulings are thereafter reversed,
set aside or vacated. The conditional rulings become effective in the
event the unconditional rulings are reversed, set aside or vacated.
(Source: P.A. 82-280.)
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735 ILCS 5/2-1203
(735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)
Sec. 2-1203. Motions after judgment in non-jury cases. (a) In all
cases tried without a jury, any party may, within 30 days after the
entry of the judgment or within any further time the court may allow
within the 30 days or any extensions thereof, file a motion for a
rehearing, or a retrial, or modification of the judgment or to vacate
the judgment or for other relief.
(b) Except as provided in subsection (a) of Section 413 of the Illinois Marriage and Dissolution of Marriage Act, a motion filed in apt time stays enforcement of the judgment except that a judgment granting injunctive or declaratory relief shall be stayed only by a court order that follows a separate application that sets forth just cause for staying the enforcement.
(Source: P.A. 95-902, eff. 1-1-09; 96-1072, eff. 1-1-11.)
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735 ILCS 5/2-1204
(735 ILCS 5/2-1204) (from Ch. 110, par. 2-1204)
Sec. 2-1204.
Arrest of judgment.
If judgment is arrested pursuant to post-trial motion for any defect
in the record, the plaintiff need not commence his or her action anew. If
appropriate, the court shall order new pleadings.
(Source: P.A. 82-280.)
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735 ILCS 5/2-1205
(735 ILCS 5/2-1205) (from Ch. 110, par. 2-1205)
Sec. 2-1205.
Reduction in amount of recovery.
An amount
equal to the sum of (i) 50% of the benefits provided for lost wages
or private or governmental disability income programs, which
have been paid, or which have become payable to the injured person by any
other person, corporation, insurance company or fund in relation to a
particular injury, and (ii) 100% of the benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable to the injured person by any other
person, corporation, insurance company or fund in relation to a particular
injury, shall be deducted from any judgment in an action to
recover for that injury based on an allegation of negligence or other
wrongful act, not including intentional torts, on the part of a licensed
hospital or physician; provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, lien, or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict;
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits; and
(5) There shall be no reduction for charges paid for medical expenses
which were directly attributable to the adjudged negligent acts or
omissions of the defendants found liable.
(Source: P.A. 84-7.)
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735 ILCS 5/2-1205.1
(735 ILCS 5/2-1205.1) (from Ch. 110, par. 2-1205.1)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1205.1.
Reduction in amount of recovery.
In all cases
on account of bodily injury or death or physical damage to property, based
on negligence, or product liability based on any theory or doctrine,
to which Section 2-1205 does not apply, the amount in excess of $25,000 of the
benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable by the date of judgment to the injured
person by any other
insurance company or fund in relation to a particular
injury, shall be deducted from any judgment.
Provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, contract, lien,
operation of law or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict; and
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits.
(Source: P.A. 89-7, eff. 3-9-95 .)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1205.1.
Reduction in amount of recovery.
In all cases
on account of bodily injury or death or physical damage to property, based
on negligence, or product liability based on
strict tort liability,
to which Section 2-1205 does not apply, the amount in excess of $25,000 of the
benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable by the date of judgment to the injured
person by any other
insurance company or fund in relation to a particular
injury, shall be deducted from any judgment.
Provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, contract, lien,
operation of law or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict; and
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits.
(Source: P.A. 84-1431.)
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735 ILCS 5/2-1206
(735 ILCS 5/2-1206) (from Ch. 110, par. 2-1206)
Sec. 2-1206.
Assessment of damages.
(a) Upon default, when the damages
are to be assessed, the court may hear
the evidence and assess the damages without a jury for that purpose. If
interlocutory judgment is entered in an action brought upon a penal bond, or
upon any instrument in writing, for the payment of money only, and the
damages rest in computation, the court may refer the matter to the clerk,
to assess and report the damages, and may enter judgment therefor.
However, either party may have the damages assessed by a jury.
(b) Unless a jury has been waived, the trial court shall empanel a jury to
assess damages: (1) if the ruling on a post-trial motion is in favor of a
party entitled to recover damages and there is no verdict assessing his
or her damages; or (2) the reviewing court remands solely for the purpose of
assessing damages.
(Source: P.A. 82-280.)
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