State of Illinois
92nd General Assembly

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 1        AN ACT concerning civil procedure.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Code  of  Civil Procedure is amended by
 5    changing Section 2-801 as follows:

 6        (735 ILCS 5/2-801) (from Ch. 110, par. 2-801)
 7        Sec. 2-801.  Class actions.
 8        (a)  Prerequisites to a Class Action. One or more members
 9    of a class of Illinois residents may sue   as  representative
10    parties  on  behalf  of all members of the class only if: (1)
11    the class is so numerous that   joinder  of  all  members  is
12    impracticable;  (2)  there are questions of law or fact as to
13    which the court or jury  could reasonably  reach  conclusions
14    or  findings  applicable to all class members; (3) the claims
15    or defenses  of the representative parties are typical of the
16    claims or defenses  of  the  class;  (4)  the  representative
17    parties   will fairly and adequately protect the interests of
18    the class; and (5) the class is defined so as to  permit  the
19    identification   of   class   members   before   any   merits
20    adjudications occur.
21        (b)  Class   Actions   Maintainable.  An  action  may  be
22    maintained as  a  class  action  if  the  prerequisites    of
23    subsection (a) are satisfied, and in addition:
24             (1)  the  prosecution  of  separate  actions  by  or
25        against  individual  members of the class would create  a
26        risk of:
27                  (A)  inconsistent or varying adjudications with
28             respect to individual members  of  the  class  which
29             would  establish  incompatible  standards of conduct
30             for the party opposing the class; or
31                  (B)  adjudications with respect  to  individual
                            -2-                LRB9206199WHcs
 1             members  of  the  class  which  would as a practical
 2             matter be dispositive of the interests of the  other
 3             members   not   parties   to  the  adjudications  or
 4             substantially  impair or  impede  their  ability  to
 5             protect their interests; or
 6             (2)  the  party seeking to maintain the class action
 7        does not seek any monetary relief and the party  opposing
 8        the  class  has  acted  or  refused  to  act  on  grounds
 9        generally  applicable  to  the  class,   thereby   making
10        appropriate  final  injunctive  relief  or  corresponding
11        declaratory  relief with respect to the class as a whole;
12        or
13             (3)  the court finds: (i) that the questions of  law
14        or  fact  as to which the court or jury could  reasonably
15        reach conclusions or findings  applicable  to  all  class
16        members  predominate  over  any questions  affecting only
17        individual members; (ii) that the evidence likely  to  be
18        admitted  at  trial regarding the  elements of the claims
19        for which certification is sought  and  of  the  defenses
20        thereto  is  substantially  the  same    as  to all class
21        members; and (iii) that a class  action  is  superior  to
22        other  available  methods  for  the  fair  and  efficient
23        adjudication of the controversy. The matters pertinent to
24        the findings include: (A) the interest of  members of the
25        class in  individually  controlling  the  prosecution  or
26        defense of separate actions; (B) the  extent, nature, and
27        maturity  of  any  litigation  concerning the controversy
28        already commenced by or against  members  of  the  class;
29        (C)  whether  it is probable that the amount which may be
30        recovered by individual   class  members  will  be  large
31        enough   in   relation  to  the  expense  and  effort  of
32        administering the action to  justify maintaining the case
33        as a class action; (D) the desirability or undesirability
34        of concentrating the  litigation of  the  claims  in  the
                            -3-                LRB9206199WHcs
 1        particular  forum;  (E)  the  difficulties  likely  to be
 2        encountered in the  management of a class action; and (F)
 3        the extent to which the allegations at issue are  subject
 4        to  the    jurisdiction  of  federal  or State regulatory
 5        agencies.
 6        (c)  Determination by Order Whether Class  Action  to  be
 7    Maintained; Notice; Judgment.
 8             (1)  When  practicable  after the commencement of an
 9        action brought as a class action, the court  shall, after
10        hearing, determine by  order  whether  it  is  to  be  so
11        maintained.  An  order  under this subsection (c)  may be
12        altered, amended, or withdrawn at  any  time  before  the
13        decision on the merits.
14             (2)  If  the  court  finds that the action should be
15        maintained as  a  class  action,  it  shall  certify  the
16        action  accordingly  on  the  basis of a written decision
17        setting forth all  reasons  why  the  action  may  be  so
18        maintained  and describing all evidence in support of the
19        determination.
20             (3)  A court may not certify that an action  may  be
21        maintained  as  a class action unless, on the basis  of a
22        full  record  on  the  relevant  issues,  the  proponents
23        proffer clear and convincing  evidence  that  the  action
24        complies  with  all  requirements for such certification.
25        Any doubt as to whether this burden has been met    shall
26        be  resolved in favor of denying class certification. The
27        court shall decertify a class action upon  any    showing
28        that  an  action  has  ceased  to  satisfy the applicable
29        prerequisites  for  maintaining  the  case  as  a   class
30        action.
31             (4)  There shall be a rebuttable presumption against
32        the maintenance of a class action as to claims  for which
33        class members would have to prove knowledge, reliance, or
34        causation on an individual basis.
                            -4-                LRB9206199WHcs
 1             (5)  The   determination   that  an  action  may  be
 2        maintained as  a  class  action  shall  not  relieve  any
 3        member  of  the  class  from  the  burden  of proving all
 4        elements of  the  member's  cause  of  action,  including
 5        individual injury and the amount of damages.
 6             (6)  In    any   class   action   maintained   under
 7        subdivision (b)(3), the court shall direct to the members
 8        of the  class  the  best  notice  practicable  under  the
 9        circumstances, including individual notice to all members
10        who  can  be  identified  through  reasonable effort. The
11        notice shall include:
12                  (i)  a  general  description  of  the   action,
13             including  the  relief  sought, and the names of the
14             representative parties;
15                  (ii)  a statement of the right of a  member  of
16             the   class  to  be  excluded  from  the  action  by
17             submitting an election to be excluded, including the
18             manner and time for exercising the election;
19                  (iii)  a  description  of  possible   financial
20             consequences for the class;
21                  (iv)  a general description of any counterclaim
22             or  notice  of intent to assert a counterclaim by or
23             against members of the class, including  the  relief
24             sought;
25                  (v)  a  statement  that  the  judgment, whether
26             favorable or not, will bind members of the class who
27             are not excluded from the action;
28                  (vi)  a statement that any member of the  class
29             may  intervene  in the action and designate separate
30             counsel;
31                  (vii)  the address of counsel to  whom  members
32             of the proposed class may direct inquiries; and
33                  (viii)  other  information that the court deems
34             appropriate.
                            -5-                LRB9206199WHcs
 1             (7)  The plaintiff shall bear  the  expense  of  the
 2        notification  required  by  subdivision (c)(6). The court
 3        may require other parties to the litigation to  cooperate
 4        in securing the names and addresses of the persons within
 5        the class for the purpose of providing individual notice,
 6        but  any  costs  incurred  by the party in providing such
 7        cooperation shall be paid initially by the party claiming
 8        the class action. Upon termination  of  the  action,  the
 9        court  may  allow  as  taxable  costs  all or part of the
10        expenses incurred by the prevailing party.
11             (8)  The judgment in an action maintained as a class
12        action under subdivision (b)(1) or (b)(2), whether or not
13        favorable to the class, shall include and describe  those
14        whom  the  court  finds  to  be members of the class. The
15        judgment in an action maintained as a class action  under
16        subdivision  (b)(3),  whether  or  not  favorable  to the
17        class, shall include and specify  or  describe  those  to
18        whom  the  notice  provided  in  subdivision  (c)(2)  was
19        directed,  and who have not requested exclusion, and whom
20        the court finds to be members of the class.
21             (9)  When appropriate, a class may be  divided  into
22        subclasses  and each subclass treated as a class, and the
23        provisions of this Section shall then  be  construed  and
24        applied accordingly.
25        (e)  Orders  in  Conduct  of  Actions.  In the conduct of
26    actions to which this Section applies, the court    may  make
27    appropriate orders: (1) determining the course of proceedings
28    or  prescribing  measures  to  prevent    undue repetition or
29    complication in the presentation of evidence or argument; (2)
30    requiring, for the  protection of members  of  the  class  or
31    otherwise  for the fair conduct of the action, that notice be
32    given in  such manner as the court may direct to some or  all
33    of the members of any step in the action, or of the  proposed
34    entry  of  judgment,  or  of  the  opportunity  of members to
                            -6-                LRB9206199WHcs
 1    signify whether they consider the   representation  fair  and
 2    adequate,  to  intervene  and present claims and defenses, or
 3    otherwise to come into  the action; (3)  imposing  conditions
 4    on   the   representative  parties  or  on  intervenors;  (4)
 5    requiring  that  the    pleadings  be  amended  to  eliminate
 6    therefrom allegations as to representation of absent persons,
 7    and that the action proceed  accordingly;  (5)  dealing  with
 8    similar procedural matters.
 9        (f)  Dismissal or Compromise.
10             (1)  A   class   action  may  not  be  dismissed  or
11        compromised without the approval of the court, and notice
12        of the proposed dismissal or compromise shall be given to
13        all members of the class in  such  manner  as  the  court
14        directs.
15             (2)  Before  approving the dismissal or a compromise
16        of an  action  that  the  court  has  determined  may  be
17        maintained  as  a  class  action,  the court shall hold a
18        hearing to determine whether the terms  of  the  proposed
19        dismissal or compromise are fair, reasonable and adequate
20        for the class. At the hearing, all parties to the action,
21        including  members  of  the  class, shall be permitted an
22        opportunity to be heard as the court may direct.
23        (g)  Discovery. Representative  parties  and  intervenors
24    are  subject  to  discovery in the same manner  as parties in
25    other civil actions.  Other  class  members  are  subject  to
26    discovery in the same manner as  persons who are not parties,
27    but  may  be  required  by  the  court to submit to discovery
28    procedures applicable   to  the  representative  parties  and
29    intervenors.
30        (h)  Appeals. The appellate court shall hear appeals from
31    orders  of  circuit  courts granting or  denying class action
32    certification under this Section if a  notice  of  appeal  is
33    filed within 10 days after entry  of the order. Prerequisites
34    for  the  maintenance  of  a  class  action. An action may be
                            -7-                LRB9206199WHcs
 1    maintained as a class action in any court of this State and a
 2    party may sue or be sued as a  representative  party  of  the
 3    class only if the court finds:
 4        (1)  The class is so numerous that joinder of all members
 5    is impracticable.
 6        (2)  There  are  questions  of  fact or law common to the
 7    class, which common questions predominate over any  questions
 8    affecting only individual members.
 9        (3)  The   representative   parties   will   fairly   and
10    adequately protect the interest of the class.
11        (4)  The  class  action  is an appropriate method for the
12    fair and efficient adjudication of the controversy.
13    (Source: P.A. 82-280.)

14        (735 ILCS 5/2-802 rep.)
15        (735 ILCS 5/2-803 rep.)
16        (735 ILCS 5/2-804 rep.)
17        (735 ILCS 5/2-805 rep.)
18        (735 ILCS 5/2-806 rep.)
19        Section 10.  The Code of Civil Procedure  is  amended  by
20    repealing Sections 2-802 through 2-806.

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.

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