Bill Status of HB 4979   94th General Assembly


Short Description:  CIV PRO-VENUE SIGNIF EVENT

House Sponsors
Rep. Tom Cross-Aaron Schock-Dave Winters-David Reis-Bill Mitchell, Jim Sacia and Terry R. Parke

Last Action  View All Actions

DateChamber Action
  1/9/2007HouseSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/2-101from Ch. 110, par. 2-101
735 ILCS 5/2-102from Ch. 110, par. 2-102
735 ILCS 5/2-103from Ch. 110, par. 2-103
735 ILCS 5/2-104from Ch. 110, par. 2-104
735 ILCS 5/2-106from Ch. 110, par. 2-106
735 ILCS 5/2-107from Ch. 110, par. 2-107
735 ILCS 5/2-404from Ch. 110, par. 2-404
735 ILCS 5/2-405from Ch. 110, par. 2-405
735 ILCS 5/2-105 rep.from Ch. 110, par. 2-105
735 ILCS 5/2-108 rep.from Ch. 110, par. 2-108

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that proper venue shall be: (1) in the county of residence of all defendants (instead of the county of residence of any defendant who is joined in the action); (2) in the county of residence of all plaintiffs at the time of the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose; (3) in the county in which the most significant act or omission or the most significant event or transaction occurred (instead of the county in which the transaction or some part of the transaction occurred) out of which the cause of action arose; (4) in the county in which the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose, where there is more than one defendant and the defendants reside in different counties or outside the State; or (5) in the county in which the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose, where there is more than one plaintiff and the plaintiffs resided in different counties or outside the State at the time of the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose. Removes language allowing the cause of action to be commenced in any county when all of the defendants are nonresidents of the State. Provides that when venue is based on the defendant's or defendants' residence, and additional defendants or third party defendants are added to the claim or cause of action, venue remains proper only if all defendants and third party defendants are residents of the county where the claim or cause of action is filed. Requires that, if the additional defendants or third party defendants are not residents of the same county, upon motion of any party, the claim or cause of action shall be transferred to the county where the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose. Provides that, if there is no proper venue in this State for any reason, the claim or cause of action shall be dismissed without prejudice. Lists factors that the court shall consider when determining whether to dismiss a cause of action or transfer the cause of action to another venue. Provides that where more than one plaintiff is joined, each plaintiff shall independently establish proper venue. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  1/20/2006HouseFiled with the Clerk by Rep. Tom Cross
  1/23/2006HouseFirst Reading
  1/23/2006HouseReferred to Rules Committee
  1/31/2006HouseAdded Chief Co-Sponsor Rep. Aaron Schock
  2/7/2006HouseAssigned to Judiciary I - Civil Law Committee
  2/14/2006HouseAdded Chief Co-Sponsor Rep. Dave Winters
  2/14/2006HouseAdded Chief Co-Sponsor Rep. David Reis
  2/14/2006HouseAdded Chief Co-Sponsor Rep. Bill Mitchell
  2/14/2006HouseAdded Co-Sponsor Rep. Jim Sacia
  2/14/2006HouseAdded Co-Sponsor Rep. Terry R. Parke
  2/15/2006HouseMotion Do Pass - Lost Judiciary I - Civil Law Committee; 006-008-000
  2/15/2006HouseRemains in Judiciary I - Civil Law Committee
  2/17/2006HouseRule 19(a) / Re-referred to Rules Committee
  1/9/2007HouseSession Sine Die

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