Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/2-1206
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/2-1206)
(from Ch. 110, par. 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
(Source: P.A. 82-280.)
735 ILCS 5/2-1207
(735 ILCS 5/2-1207)
(from Ch. 110, par. 2-1207)
The trial court may, in its discretion, with
respect to punitive damages,
determine whether a jury award for punitive damages is excessive,
and if so, enter a remittitur and a conditional new trial.
The trial court may also in its discretion, apportion the punitive damage
award among the plaintiff, the plaintiff's attorney and the State of Illinois
Department of Human Services. The amount of the award
paid from the punitive damages to the plaintiff's attorney shall be reasonable
and without regard to any contingent fee contract,
except that such amount shall not exceed the amount authorized by the
contingent fee contract. In apportioning punitive damages as provided in
this Section, the court shall consider, among other factors it deems
relevant, whether any special duty was owed by the defendant to the plaintiff.
(Source: P.A. 89-507, eff. 7-1-97.)
735 ILCS 5/Art. II Pt. 13
(735 ILCS 5/Art. II Pt. 13 heading)
735 ILCS 5/2-1301
(735 ILCS 5/2-1301)
(from Ch. 110, par. 2-1301)
Judgments - Default - Confession.
(a) The court shall
determine the rights of the parties and grant to any party any
affirmative relief to which the party may be entitled on the pleadings and
proofs. Judgments shall be in the form required by the nature of the
case and by the recovery or relief awarded. More than one judgment may
be rendered in the same cause. If relief is granted against a party who
upon satisfying the same in whole or in part will be entitled by
operation of law to be reimbursed by another party to the action, the
court may determine the rights of the parties as between themselves, and
may thereafter upon motion and notice in the cause, and upon a showing
that satisfaction has been made, render a final judgment against the
other party accordingly.
(b) A determination in favor of the plaintiff on an issue as to the truth
or validity of any
defense in abatement shall be that the defendant answer or otherwise plead.
(c) Except as otherwise limited by this subsection (c), any person
for a debt bona fide due may confess judgment by himself or herself or attorney
duly authorized, without process. The application to confess judgment
shall be made in the county in which the note or obligation was executed
or in the county in which one or more of the defendants reside or in any
county in which is located any property, real or personal, owned by any
one or more of the defendants. A judgment entered by any court in any
county other than those herein specified has no force or validity,
anything in the power to confess to the contrary notwithstanding.
No power to confess judgment shall be required or given after September
24, 1979 in any instrument used in
a consumer transaction; any power to confess given in violation hereof
is null and void and any judgment entered by a court based on such power
shall be unenforceable. "Consumer transaction" as used in this Section
means a sale, lease, assignment, loan, or other disposition of an item
of goods, a consumer service, or an intangible to an individual for
purposes that are primarily personal, family, or household.
(d) Judgment by default may be entered for want of an appearance, or
for failure to plead, but the court may in either case, require proof of
the allegations of the pleadings upon which relief is sought.
(e) The court may in its discretion, before final order or judgment,
set aside any default, and may on motion filed within 30 days after
entry thereof set aside any final order or judgment upon any terms and
conditions that shall be reasonable.
(f) The fact that any order or judgment is joint does not deprive
the court of power to set it aside as to fewer than all the parties, and
if so set aside it remains in full force and effect as to the other
(g) If any final judgment is entered against any defendant who has
been served by publication with notice of the commencement of the action
and who has not been served with a copy of the complaint, or received
the notice required to be sent him or her by mail, or otherwise brought into
court, and such defendant or his or her heirs, legatees,
or personal representatives, as the
case may require, shall, within 90 days after notice in writing given
him or her of the judgment, or within 1 year after the judgment, if no notice
has been given, appear in open court and petition to be heard touching
the matter of the judgment, the court shall upon notice being given to
the parties to such action who appeared therein and the purchaser at a
sale made pursuant to the judgment, or their attorneys, set the petition
for hearing and may allow the parties and the purchaser to answer
the petition. If upon the hearing it appears that the judgment ought
not to have been made against the defendant, it may be set aside,
altered or amended as appears just; otherwise the petition shall be
dismissed at petitioner's costs. If, however, a sale has been had under
and pursuant to the final judgment, the court, in altering or amending
the judgment may, upon terms just and equitable to the defendant, permit
the sale to stand. If upon the hearing of the petition it appears that
the defendant was entitled under the law to redeem from the sale, the
court shall permit redemption to be made at any time within 90 days
thereafter, upon terms that are equitable and just.
(Source: P.A. 83-707.)
735 ILCS 5/2-1302
(735 ILCS 5/2-1302)
(from Ch. 110, par. 2-1302)
Notice of entry of default order.
(a) Upon the entry of an order of default, the attorney for the moving party
shall immediately give notice thereof to each
party who has appeared, against whom the order was entered, or such party's
attorney of record. However, the failure of the attorney to give the notice
does not impair the force, validity or effect of the order.
(b) The notice shall contain the title, number, court, date of
entry, name of the judge, and state that the order was one of default.
The notice may be given by postal card or in any manner
provided by rules.
(c) In the case of an action for foreclosure of a mortgage or a deed
in trust, in addition to the information required by subsection (b) of this
Section the notice shall state that the defendant or defendants may redeem
the property within the time and in the manner provided by law.
(d) No notice of the entry of an order of dismissal for want of
prosecution shall be necessary provided plaintiff has been notified in
advance that the court is considering the entry of such an order, unless
required by local rule.
(Source: P.A. 84-614.)
735 ILCS 5/2-1303
(735 ILCS 5/2-1303)
(from Ch. 110, par. 2-1303)
Interest on judgment.
(a) Except as provided in subsection (b), judgments recovered in
any court shall draw interest at the rate of 9% per annum from the date
of the judgment until satisfied or 6% per annum when the judgment debtor is a unit
of local government, as defined in Section 1 of Article VII of the Constitution,
a school district, a community college district, or any other governmental
entity. When judgment is entered upon any award, report or verdict, interest
shall be computed at the above rate, from the time when made or rendered
to the time of entering judgment upon the same, and included in the judgment.
Interest shall be computed and charged only on the unsatisfied portion of
the judgment as it exists from time to time. The judgment debtor may by
tender of payment of judgment, costs and interest
accrued to the date of tender, stop the further accrual of interest on such
judgment notwithstanding the prosecution of an appeal, or other steps to
reverse, vacate or modify the judgment.
(b)(1) As used in this Section:
"Consumer debt" means money or property, or the equivalent, due or owing, or alleged to be due or owing, from a natural person by reason of a transaction in which property, services, or money is acquired by that natural person primarily for personal, family, or household purposes.
"Consumer debt judgment" means a judgment recovered in any court against one or more natural persons arising out of consumer debt. "Consumer debt judgment" does not include any compensation for bodily injury or death, nor any judgment entered where the debt is guaranteed by or contains a joint and several liability provision between a natural person and a business, whether or not that business is legally constituted under the laws of this State or any other state.
(2) Notwithstanding subsection (a), consumer debt judgments of $25,000 or less shall draw interest from the date of the judgment until satisfied at the rate of 5% per annum.
(3) The judgment debtor may, by tender of payment of judgment, costs, and interest accrued to the date of tender, stop the further accrual of interest on the consumer debt judgment, notwithstanding the prosecution of an appeal, or other steps to reverse, vacate, or modify the judgment.
(4) This subsection applies to all consumer debt judgments entered into after the effective date of this amendatory Act of the 101st General Assembly.
(c) In all actions brought to recover damages for personal injury or wrongful death resulting from or occasioned by the conduct of any other person or entity, whether by negligence, willful and wanton misconduct, intentional conduct, or strict liability of the other person or entity, the plaintiff shall recover prejudgment interest on all damages, except punitive damages, sanctions, statutory attorney's fees, and statutory costs, set forth in the judgment. Prejudgment interest shall begin to accrue on the date the action is filed. If the plaintiff voluntarily dismisses the action and refiles, the accrual of prejudgment interest shall be tolled from the date the action is voluntarily dismissed to the date the action is refiled. In entering judgment for the plaintiff in the action, the court shall add to the amount of the judgment interest calculated at the rate of 6% per annum on the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs. If the judgment is greater than the amount of the highest written settlement offer made by the defendant within 12 months after the later of the effective date of this amendatory Act of the 102nd General Assembly or the filing of the action and not accepted by the plaintiff within 90 days after the date of the offer or rejected by the plaintiff, interest added to the amount of judgment shall be an amount equal to interest calculated at the rate of 6% per annum on the difference between the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs, and the amount of the highest written settlement offer. If the judgment is equal to or less than the amount of the highest written settlement offer made by the defendant within 12 months after the later of the effective date of this amendatory Act of the 102nd General Assembly or the filing of the action and not accepted by the plaintiff within 90 days after the date of the offer or rejected by the plaintiff, no prejudgment interest shall be added to the amount of the judgment. For the purposes of this subsection, withdrawal of a settlement offer by defendant shall not be considered a rejection of the offer by the plaintiff. Notwithstanding any other provision of this subsection, prejudgment interest shall accrue for no longer than 5 years.
Notwithstanding any other provision of law, neither the State, a unit of local government, a school district, community college district, nor any other governmental entity is liable to pay prejudgment interest in an action brought directly or vicariously against it by the injured party.
For any personal injury or wrongful death occurring before the effective date of this amendatory Act of the 102nd General Assembly, the prejudgment interest shall begin to accrue on the later of the date the action is filed or the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 101-168, eff. 1-1-20; 102-6, eff. 7-1-21.)