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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0449 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 735 ILCS 5/2-201 | from Ch. 110, par. 2-201 |
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Amends the Code of Civil Procedure. Makes a technical change in a Section
concerning commencement of actions and forms of process.
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| | A BILL FOR |
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| | HB0449 | | LRB101 03684 LNS 48692 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-201 as follows:
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| 6 | | (735 ILCS 5/2-201) (from Ch. 110, par. 2-201)
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| 7 | | Sec. 2-201. Commencement of actions - Forms of process. |
| 8 | | (a) Every action, unless otherwise expressly provided by |
| 9 | | statute,
shall be commenced by the
the filing of a complaint. |
| 10 | | The clerk shall issue
summons upon request of the plaintiff. |
| 11 | | The form and substance of the
summons, and of all other |
| 12 | | process, and the issuance of alias process,
and the service of |
| 13 | | copies of pleadings shall be according to
rules. |
| 14 | | (b) One or more duplicate original summonses may be issued, |
| 15 | | marked
"First Duplicate," "Second Duplicate," etc., as the case |
| 16 | | may be,
whenever it will facilitate the service of summons in |
| 17 | | any one or more
counties, including the county of venue. |
| 18 | | (c) A court's jurisdiction is not affected by a technical |
| 19 | | error in format of a summons if the summons has been issued by |
| 20 | | a clerk of the court, the person or entity to be served is |
| 21 | | identified as a defendant on the summons, and the summons is |
| 22 | | properly served. This subsection is declarative of existing |
| 23 | | law.
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