(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.)