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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5318
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-101 |
from Ch. 110, par. 2-101 |
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Amends the Code of Civil Procedure. Makes a stylistic change in provisions
concerning venue.
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A BILL FOR
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HB5318 |
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LRB093 17108 LCB 42774 b |
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| AN ACT concerning civil procedure.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Section 2-101
as follows:
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| (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
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| Sec. 2-101. Generally.
Except as otherwise provided in this |
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| Act, every action must be
commenced (1) in the county of |
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| residence of any defendant who is joined
in good faith and with |
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| probable cause for the purpose of obtaining a
judgment against |
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| him or her and not solely for the purpose of fixing venue in
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| that county, or (2) in the county in which the transaction or |
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| some part of
the transaction
thereof occurred out of which the |
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| cause of action arose.
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| If a check, draft, money order, or other instrument for the |
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| payment of
child support payable to or delivered to the State |
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| Disbursement Unit
established under Section 10-26 of the |
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| Illinois Public Aid Code is returned by
the bank or depository |
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| for any reason, venue for the enforcement of any
criminal |
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| proceedings or civil cause of action for recovery and attorney |
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| fees
shall be in the county where the principal office of the |
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| State Disbursement
Unit is located.
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| If all defendants are nonresidents of the State, an action |
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| may be
commenced in any county.
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| If the corporate limits of a city, village or town extend |
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| into more
than one county, then the venue of an action or |
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| proceeding
instituted by that
municipality to enforce any fine, |
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| imprisonment, penalty or forfeiture
for violation of any |
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| ordinance of that municipality,
regardless of the county in |
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| which the violation was committed or occurred, may
be in the |
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| appropriate court (i) in the county
wherein the office of the |
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| clerk of the municipality is located
or (ii) in any county
in |