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 -2- LRB093 03888 AMC 03923 b 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 -3- LRB093 03888 AMC 03923 b 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.)