101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0039
 
Introduced 1/9/2019, by Rep. André Thapedi
 
SYNOPSIS AS INTRODUCED:
 

 



735 ILCS 5/2-607  from Ch. 110, par. 2-607

     Amends the Code of Civil Procedure. Provides that if the pleader does not file and serve a bill of particulars within
28 days of the demand, or if the bill of particulars delivered is
insufficient, the court may, among other things, award attorney's fees and costs. Provides a 28-day deadline for moving that a demand for a bill of particulars be denied or modified.
  


LRB101 04117 LNS 49125 b

 
 
A BILL FOR
 

  
HB0039LRB101 04117 LNS 49125 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended  by 
5changing Section 2-607 as follows:
 



6    (735 ILCS 5/2-607)  (from Ch. 110, par. 2-607)



7    Sec. 2-607. Bills of particulars. 
8    (a) Within the time a party is to
respond to a pleading, 
9that party may, if allegations are so wanting in
details that 
10the responding party should be entitled to a bill of

11particulars, file and serve a notice demanding it. The notice 
12shall point out
specifically the defects complained of or the 
13details desired.  The
pleader shall have 28 days to file and 
14serve the bill of particulars, and
the party who requested the 
15bill shall have 28 days to plead after being
served with the 
16bill.

17    (b) If the pleader does not file and serve a bill of 
18particulars within
28 days of the demand, or if the bill of 
19particulars delivered is
insufficient, the court may, on motion 
20and in its discretion, strike the
pleading, award attorney's 
21fees and costs, allow further time to furnish the bill of 
22particulars, or require
a more particular bill to be filed and 
23served.

 
 
HB0039- 2 -LRB101 04117 LNS 49125 b

1    (c) If a bill of particulars, in an action based on a 
2contract,
contains the statement of items of indebtedness and 
3is verified by oath,
the items thereof are admitted except in 
4so far as the opposite party
files an affidavit specifically 
5denying them, and as to each item denied
states the facts upon 
6which the denial is based, unless the affidavit is
excused by 
7the court.

8    (d) If the party on whom a demand for a bill of particulars 
9has been
made believes that the party demanding it is not 
10entitled to the
particulars asked for, he or she may, within 28 
11days of the demand, move the court that the demand be denied
or 
12modified.

13(Source: P.A. 86-646.)