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Public Act 102-0156


 

Public Act 0156 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0156
 
SB0595 EnrolledLRB102 15847 LNS 21216 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Section 2-206 as follows:
 
    (735 ILCS 5/2-206)  (from Ch. 110, par. 2-206)
    Sec. 2-206. Service by publication; affidavit; mailing;
certificate.
    (a) Whenever, in any action affecting property or status
within the jurisdiction of the court, including an action to
obtain the specific performance, reformation, or rescission of
a contract for the conveyance of land, except for an action
brought under Part 15 of Article XV of this Code that is are
subject to subsection (a-5), the plaintiff or his or her
attorney shall file, at the office of the clerk of the court in
which the action is pending, an affidavit showing that the
defendant resides or has gone out of this State, or on due
inquiry cannot be found, or is concealed within this State, so
that process cannot be served upon him or her, and stating the
place of residence of the defendant, if known, or that upon
diligent inquiry his or her place of residence cannot be
ascertained, the clerk shall cause publication to be made in
some newspaper published in the county in which the action is
pending. If there is no newspaper published in that county,
then the publication shall be in a newspaper published in an
adjoining county in this State, having a circulation in the
county in which action is pending. The publication shall
contain notice of the pendency of the action, the title of the
court, the title of the case, showing the names of the first
named plaintiff and the first named defendant, the number of
the case, the names of the parties to be served by publication,
and the date on or after which default may be entered against
such party. The clerk shall also, within 10 days of the first
publication of the notice, send a copy thereof by mail,
addressed to each defendant whose place of residence is stated
in such affidavit. The certificate of the clerk that he or she
has sent the copy in pursuance of this Section is evidence that
he or she has done so.
    (a-5) If, in any action brought under Part 15 of Article XV
of this Code, the plaintiff, or his or her attorney, shall
file, at the office of the clerk of the court in which the
action is pending, an affidavit showing that the defendant
resides outside of or has left this State, or on due inquiry
cannot be found, or is concealed within this State so that
process cannot be served upon him or her, and stating the place
of residence of the defendant, if known, or that upon diligent
inquiry his or her place of residence cannot be ascertained,
the plaintiff, or his or her attorney representative, shall
cause publication to be made in some newspaper published in
the county in which the action is pending. If there is no
newspaper published in that county, then the publication shall
be in a newspaper published in an adjoining county in this
State, having a circulation in the county in which action is
pending. The publication shall contain notice of the pendency
of the action, the title of the court, the title of the case,
showing the names of the first named plaintiff and the first
named defendant, the number of the case, the names of the
parties to be served by publication, and the date on or after
which default may be entered against such party. It shall be
the non-delegable duty of the plaintiff, or his or her
attorney clerk of the court, within 10 days of the first
publication of the notice, to send a copy thereof by mail,
addressed to each defendant whose place of residence is stated
in such affidavit. The certificate of the plaintiff, or his or
her attorney, clerk of the court that he or she has sent the
copy in pursuance of this Section is evidence that he or she
has done so. A copy of the certificate shall be filed at the
office of the clerk of the court where the action is pending.
    (b) In any action brought by a unit of local government to
cause the demolition, repair, or enclosure of a dangerous and
unsafe or uncompleted or abandoned building, notice by
publication under this Section may be commenced during the
time during which attempts are made to locate the defendant
for personal service. In that case, the unit of local
government shall file with the clerk an affidavit stating that
the action meets the requirements of this subsection and that
all required attempts are being made to locate the defendant.
Upon the filing of the affidavit, the clerk shall cause
publication to be made under this Section. Upon completing the
attempts to locate the defendant required by this Section, the
municipality shall file with the clerk an affidavit meeting
the requirements of subsection (a). Service under this
subsection shall not be deemed to have been made until the
affidavit is filed and service by publication in the manner
prescribed in subsection (a) is completed.
(Source: P.A. 101-539, eff. 1-1-20; revised 8-19-20.)

Effective Date: 1/1/2022