92nd General Assembly
Summary of SB1320
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Senate Sponsors:
DILLARD.

Short description: 
CIV PRO-TECH                                                               

Synopsis of Bill as introduced:
        Amends the Code of Civil Procedure. Makes a stylistic  change  in      
   provisions concerning the maintenance of class actions.                     
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          735 ILC5/2-801                                                       
          Adds reference to:                                                   
          735 ILCS 5/2-802                from Ch. 110, par. 2-802             
          735 ILCS 5/2-807 new                                                 
        Deletes everything.  Amends the Code of Civil Procedure. Provides      
   that a motion to certify an action  as  a  class  action  may  not  be      
   granted  before a hearing on the motion.  The hearing shall be held as      
   soon as practicable, but in no event before: (1)  each  named  adverse      
   party  has  been  served  with  the pleading containing the demand for      
   class relief or has made an appearance or, with  respect  to  unserved      
   defendants  who have not appeared, the proponent of the class has made      
   a due and diligent effort to perfect service of the  pleading; and (2)      
   each  party  has  had  a reasonable opportunity to obtain discovery on      
   class certification issues, on such terms and conditions as the  court      
   deems  necessary.  Provides  that an appeal of a circuit court's order      
   certifying a class is appealable in the same manner as a  final  order      
   to the Appellate Court that would otherwise have jurisdiction over the      
   appeal from a final order in the action. Provides that the appeal must      
   be filed within 42 days of the order certifying or refusing to certify      
   the class.                                                                  
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          735 ILCS 5/2-807 new                                                 
        Deletes provisions concerning appeals of orders certifying  class      
   actions.                                                                    
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


   END OF INQUIRY 



 Full Text  Bill Status