|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1026 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
| | 735 ILCS 5/2-201 | from Ch. 110, par. 2-201 |
|
Amends the Code of Civil Procedure. Makes a technical change in a Section
concerning commencement of actions and forms of process.
|
| |
| | A BILL FOR |
|
|
| | HB1026 | | LRB102 03039 LNS 13052 b |
|
|
| 1 | | AN ACT concerning civil law.
|
| 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 2-201 as follows:
|
| 6 | | (735 ILCS 5/2-201) (from Ch. 110, par. 2-201)
|
| 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 |
| 15 | | issued, marked
"First Duplicate," "Second Duplicate," etc., as |
| 16 | | the case may be,
whenever it will facilitate the service of |
| 17 | | summons in any one or more
counties, including the county of |
| 18 | | venue. |
| 19 | | (c) A court's jurisdiction is not affected by a technical |
| 20 | | error in format of a summons if the summons has been issued by |
| 21 | | a clerk of the court, the person or entity to be served is |
| 22 | | identified as a defendant on the summons, and the summons is |
| 23 | | properly served. This subsection is declarative of existing |