Bill Status of SB 1724   94th General Assembly


Short Description:  CD OF CIV PRO-VENUE

Senate Sponsors
Sen. Kirk W. Dillard

Last Action  View All Actions

DateChamber Action
  5/10/2005SenateRe-referred to Rules

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 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; or (3) 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. 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 venue for a corporation, railroad or bridge company, foreign corporation, partnership, or voluntary unincorporated association shall be in the county in which the corporation, company, partnership, or association has its principal place of business. Provides that venue of a cause of action brought against a public, municipal, governmental, or quasi-municipal corporation shall be in the county in which its principal office is located or the county in which the most significant act or omission or the most significant event or transaction occurred. 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.

Senate Committee Amendment No. 1
Deletes reference to:
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
Adds reference to:
735 ILCS 5/1-101

Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Actions 
DateChamber Action
  2/25/2005SenateFiled with Secretary by Sen. Kirk W. Dillard
  2/25/2005SenateFirst Reading
  2/25/2005SenateReferred to Rules
  3/2/2005SenateAssigned to Judiciary
  3/9/2005SenatePostponed - Judiciary
  3/16/2005SenatePostponed - Judiciary
  3/16/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard
  3/16/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  3/17/2005SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/17/2005SenateSenate Committee Amendment No. 1 Adopted
  3/17/2005SenateDo Pass as Amended Judiciary; 010-000-000
  3/17/2005SenatePlaced on Calendar Order of 2nd Reading April 6, 2005
  4/13/2005SenateSecond Reading
  4/13/2005SenatePlaced on Calendar Order of 3rd Reading April 14, 2005
  5/10/2005SenateMotion Filed Sen. Louis S. Viverito; , Cullerton, Hendon, Petka and Roskam, Motion to Re-refer, pursuant to Senate Rule 3-7. Re-referred to the Senate Rules Committee.
  5/10/2005SenateMotion Prevailed
  5/10/2005SenateRe-referred to Rules

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