093_HB1380

 
                                     LRB093 03888 AMC 03923 b

 1        AN ACT concerning civil procedure.

 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 2-1001 as follows:

 6        (735 ILCS 5/2-1001) (from Ch. 110, par. 2-1001)
 7        Sec. 2-1001.  Substitution of judge.
 8        (a)  A substitution of judge in any civil action  may  be
 9    had in the following situations:
10             (1)  Involvement  of  judge.   When  the  judge is a
11        party  or  interested  in  the  action,  or  his  or  her
12        testimony is material to either of  the  parties  to  the
13        action,  or  he  or she is related to or has been counsel
14        for any party in regard to the matter in controversy.  In
15        any such situation a substitution of judge may be awarded
16        by  the  court  with or without the application of either
17        party.
18             (2)  Substitution as of right.  When a party  timely
19        exercises  his  or  her  right  to a substitution without
20        cause as provided in this paragraph (2).
21                  (i)  Each  party  shall  be  entitled  to   one
22             substitution  of  judge without cause as a matter of
23             right.
24                  (ii)  An application for substitution of  judge
25             as  of  right  shall  be made by motion and shall be
26             granted if it is presented before trial  or  hearing
27             begins  and before the judge to whom it is presented
28             has ruled on any substantial issue in the  case,  or
29             if it is presented by consent of the parties.
30                  (iii)  If   any   party   has  not  entered  an
31             appearance in the case and has  not  been  found  in
 
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 1             default,  rulings  in  the  case by the judge on any
 2             substantial  issue  before  the  party's  appearance
 3             shall not be grounds for denying an otherwise timely
 4             application for substitution of judge as of right by
 5             the party.
 6             Under no circumstances shall a party be entitled  to
 7        a   substitution  as  of  right  unless  the  motion  for
 8        substitution is filed within 120 days after the action is
 9        assigned to the judge or the party files  an  appearance,
10        whichever is later.
11             (3)  Substitution for cause.  When cause exists.
12                  (i)  Each   party   shall   be  entitled  to  a
13             substitution or substitutions of judge for cause.
14                  (ii)  Every  application  for  substitution  of
15             judge for cause shall be made by  petition,  setting
16             forth   the  specific  cause  for  substitution  and
17             praying a substitution of judge.  The petition shall
18             be verified by the affidavit of the applicant.
19                  (iii)  Upon  the  filing  of  a  petition   for
20             substitution  of  judge  for  cause,  a  hearing  to
21             determine   whether   the   cause  exists  shall  be
22             conducted as soon as possible by a judge other  than
23             the judge named in the petition.
24             (4)  Substitution in contempt proceedings.  When any
25        defendant  in  a  proceeding for contempt arising from an
26        attack upon the character or conduct of a judge occurring
27        otherwise than in  open  court,  and  the  proceeding  is
28        pending  before  the judge whose character or conduct was
29        impugned, fears that he or she will not  receive  a  fair
30        and  impartial  trial  before  that  judge.   In any such
31        situation the application shall be by petition,  verified
32        by  the applicant, and shall be filed before the trial of
33        the contempt proceeding.
34        (b)  An application for substitution of judge may be made
 
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 1    to the court in which the case is pending, reasonable  notice
 2    of  the application having been given to the adverse party or
 3    his or her attorney.
 4        (c)  When a substitution of judge is  granted,  the  case
 5    may be assigned to some other judge in the same county, or in
 6    some  other  convenient  county,  to  which there is no valid
 7    objection.  If the case is assigned to a judge in some  other
 8    county,  the  provisions  of  subsections  (f) through (m) of
 9    Section 2-1001.5 shall apply.
10    (Source: P.A. 87-949; 88-35.)