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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 5/13-217
(735 ILCS 5/13-217) (from Ch. 110, par. 13-217)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue. No action which is voluntarily dismissed by the plaintiff or
dismissed for want of prosecution by the court may be filed where the time for
commencing the action has expired.
This amendatory Act of 1995 applies to causes of action accruing on or
after
its effective date.
(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. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is voluntarily dismissed by the plaintiff, or the action is dismissed
for want of prosecution, or the action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or after the action is voluntarily dismissed by the
plaintiff, or the action is dismissed for want of prosecution, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue.
(Source: P.A. 87-1252.)
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735 ILCS 5/13-218
(735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
Sec. 13-218. Revival of judgment. A petition to revive a judgment, as provided by Section 2-1601 of this Code, may be
filed no later than 20 years next
after the date of entry of such judgment. The provisions of this amendatory Act of the 96th General Assembly are declarative of existing law.
(Source: P.A. 96-305, eff. 8-11-09.)
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735 ILCS 5/13-219
(735 ILCS 5/13-219) (from Ch. 110, par. 13-219)
Sec. 13-219.
Railroads and carriers.
(a) All actions by railroads, motor
carriers, common
carriers by water, common carriers by air, the Railway Express Agency or
freight forwarders for the recovery of their charges, or any part
thereof, for the transportation of property moving wholly within the
State of Illinois shall be filed within 3 years from the time the cause
of action accrues, and not after.
(b) All actions against railroads, motor carriers, common carriers
by water, common carriers by air, the Railway Express Agency or freight
forwarders for the recovery of any part of transportation charges paid
to such carrier for the transportation of property moving wholly within
the State of Illinois shall be filed within 3 years from the time the
cause of action accrues, and not after.
(c) If on or before the expiration of the 3 year period of
limitation in subsection (b) a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency or a freight
forwarder files an action under subsection (a) for recovery of charges in
respect of the same transportation service, or, without filing an
action, collects charges in respect of that service, the period of
limitation shall be extended to include 90 days from the time such
action is filed or such charges are collected.
(d) The cause of action in respect of a shipment of property shall,
for the purposes of this section, be deemed to accrue upon delivery or
tender of delivery thereof by a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency, or a
freight forwarder, and not after.
(Source: P.A. 82-280.)
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735 ILCS 5/13-220
(735 ILCS 5/13-220) (from Ch. 110, par. 13-220)
Sec. 13-220.
Fraud by decedents.
Actions under Sections 10 to 14, both
inclusive, of
"An Act to revise
the law in relation to frauds and perjuries", approved February 16,
1874, as amended, shall be commenced within 2 years after the
death of the person
who makes a fraudulent legacy as provided in that Act, or who dies
intestate and leaves real estate to his or her heirs to descend according to
the laws of this State, unless letters of office
are applied for on his or her estate within 2 years after his or
her death and the representative has complied with the provisions of
Section 18-3 of the Probate Act of 1975, as amended, in regard to the
giving of notice to creditors, in which
case the action shall be commenced within and not after the time for
presenting claims against estates of deceased persons as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
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735 ILCS 5/13-221
(735 ILCS 5/13-221) (from Ch. 110, par. 13-221)
Sec. 13-221.
Contract to make will.
An action against
the representative,
heirs
and legatees of a deceased person to enforce a contract to
make a will, shall be commenced within 2 years after the death of the
deceased person unless letters of office are
applied for on his or her estate within 2 years after his or her death
and the representative has complied with the provisions of Section 18-3
of the Probate Act of 1975, as amended, in regard to the giving of notice
to creditors, in which
case the action shall be commenced within and not after the time for
presenting a claim against the estate of a
deceased person as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
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735 ILCS 5/13-222
(735 ILCS 5/13-222) (from Ch. 110, par. 13-222)
Sec. 13-222.
Action against land surveyor.
(a) Registered land surveyor. No action may be brought against
a registered land surveyor to recover damages for negligence, errors or
omissions in the making of any survey nor for contribution or indemnity
related to such negligence, errors or omissions more than 4 years after the
person claiming such damages actually knows or should have known of such
negligence, errors or omissions. This Section applies to surveys completed
after July 26, 1967. This subsection (a) applies only to causes of action
accruing before the effective date of this amendatory Act of the 92nd General
Assembly.
(b) Professional land surveyor. No action may be brought against a
professional land surveyor to recover damages for negligence, errors,
omissions, torts, breaches of contract, or otherwise in the making of any
survey, nor contribution or indemnity, more than 4 years after the person
claiming the damages actually knows or should have known of the negligence,
errors, omissions, torts, breaches of contract, or other action.
In no event may such an action be brought if 10 years have elapsed from the
time of the act or omission. Any person who discovers the act or
omission before expiration of the 10-year period, however, may in no event have
less
than 4 years to bring an action. Contract actions against a surety on a
payment or performance bond must be commenced within the same time limitation
applicable to the bond principal.
If the person entitled to bring the action is under the age of 18 or under
a legal disability, the period of limitation does not begin to run until the
person reaches 18 years of age or the disability is removed.
This subsection (b) applies to causes of action accruing on or after the
effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-265, eff. 1-1-02.)
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735 ILCS 5/13-223
(735 ILCS 5/13-223) (from Ch. 110, par. 13-223)
Sec. 13-223.
Inter vivos trusts.
An action to set aside or contest the
validity of a revocable inter
vivos trust agreement or declaration of trust to which a
legacy is provided by the settlor's will which is admitted to probate,
shall be commenced within and not after the time to contest the validity
of a will as provided in the Probate Act of 1975 as amended.
(Source: P.A. 83-707.)
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735 ILCS 5/13-224
(735 ILCS 5/13-224) (from Ch. 110, par. 13-224)
Sec. 13-224.
Recovery in Tax Actions.
In any action against the State
to recover taxes imposed pursuant to Section 2 of the Messages Tax Act,
Section 2 of the Gas Revenue Tax Act, Section 2 of the Public Utilities
Revenue Act or Section 2-202 of The Public Utilities Act,
that were illegally or unconstitutionally collected, or in any action
against a municipality to recover taxes imposed pursuant to Section 8-11-2
of the Illinois Municipal Code that were illegally or unconstitutionally
collected or in any action against a taxpayer to recover charges imposed
pursuant to Sections 9-201 or 9-202 of The Public Utilities Act that
were illegally or
unconstitutionally collected, the prevailing party shall not be entitled to
recover an amount exceeding such taxes or charges paid, plus interest,
where applicable, during a period beginning 3 years prior to the date of
filing an administrative claim as authorized by statute or ordinance or
court complaint, whichever occurs earlier. This provision shall be
applicable to all actions filed on or after September 21, 1985.
(Source: P.A. 85-1209.)
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735 ILCS 5/13-225 (735 ILCS 5/13-225) Sec. 13-225. Trafficking victims protection. (a) In this Section, "human trafficking", "involuntary servitude", "sex trade", and "victim of the sex trade" have the meanings ascribed to them in Section 10 of the Trafficking Victims Protection Act. (b) Subject to both subsections (e) and (f) and notwithstanding any other provision of law, an action under the Trafficking Victims Protection Act must be commenced within 25 years of the date the limitation period begins to run under subsection (d) or within 25 years of the date the plaintiff discovers or through the use of reasonable diligence should discover both (i) that the sex trade, involuntary servitude, or human trafficking act occurred, and (ii) that the defendant caused, was responsible for, or profited from the sex trade, involuntary servitude, or human trafficking act. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the sex trade, involuntary servitude, or human trafficking act occurred is not, by itself, sufficient to start the discovery period under this subsection (b). (c) If the injury is caused by 2 or more acts that are part of a continuing series of sex trade, involuntary servitude, or human trafficking acts by the same defendant, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover (i) that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred, and (ii) that the defendant caused, was responsible for, or profited from the series of sex trade, involuntary servitude, or human trafficking acts. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b). (d) The limitation periods in subsection (b) do not begin to run before the plaintiff attains the age of 18 years; and, if at the time the plaintiff attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability. (e) The limitation periods in subsection (b) do not run during a time period when the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant. (f) The limitation periods in subsection (b) do not commence running until the expiration of all limitations periods applicable to the criminal prosecution of the plaintiff for any acts which form the basis of a cause of action under the Trafficking Victims Protection Act.
(Source: P.A. 100-939, eff. 1-1-19; 101-18, eff. 1-1-20 .) |
735 ILCS 5/13-226 (735 ILCS 5/13-226) Sec. 13-226. Opioid litigation. (a) Definitions. In this Section: "National multistate opioid settlement" means any agreement (i) to which the State and at least two other states are parties and (ii) in which the State agrees to release claims that it has brought or could have brought in an action against an opioid defendant or has the claims released in a final order entered by a court. "National multistate opioid settlement" includes (i) any form of resolution reached in a bankruptcy proceeding, provided that the Attorney General both agrees to the specific terms of such resolution or agreement in a bankruptcy proceeding and announces his or her agreement in the record of such bankruptcy proceeding, or (ii) a final order entered by the bankruptcy court. "Opioid defendant" means (i) a defendant in opioid litigation brought by the Attorney General, or (ii) a person or entity engaged in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation, alleging unlawful conduct in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Unit of local government" has the meaning provided in Article VII, Section 1 of the Illinois Constitution of 1970. (b) Release of claims. (1) On and after the effective date of this | | amendatory Act of the 102nd General Assembly, no unit of local government or school district may file or become a party to opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement unless approved by the Attorney General.
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| (2) If counties representing 60% of the population of
| | the State, including all counties with a population of at least 250,000, have agreed to an intrastate allocation agreement with the Attorney General, then the Attorney General has the authority to appear or intervene in any opioid litigation, and release with prejudice any claims brought by a unit of local government or school district against an opioid defendant that are subject to a national multistate opioid settlement and are pending on the effective date of this amendatory Act of the 102nd General Assembly.
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| (c) Nothing in this Section affects the Attorney General's authority to appear, intervene, or control litigation brought in the name of the State of Illinois or on behalf of the People of the State of Illinois.
(d) When an intrastate allocation agreement between counties representing 60% of the population of the State, including all counties with a population of at least 250,000, and the Attorney General is reached, becoming a party to or filing opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement are exclusive powers and functions of the State and a home rule unit may not file or become a party to opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement unless approved by the Attorney General. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-85, eff. 7-9-21.)
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735 ILCS 5/13-227 (735 ILCS 5/13-227) Sec. 13-227. Collection of debt arising from a municipal violation. An action to collect a debt arising from a violation of a municipal ordinance may not be filed more than 7 years after the date of adjudication.
(Source: P.A. 102-192, eff. 7-30-21.) |
735 ILCS 5/Art. XIV
(735 ILCS 5/Art. XIV heading)
ARTICLE XIV
MANDAMUS
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