Bill Status of SB 2896   94th General Assembly


Short Description:  CIV PRO-VENUE-TRANSACTION

Senate Sponsors
Sen. Kirk W. Dillard-Christine Radogno

Last Action  View All Actions

DateChamber Action
  1/20/2006SenateReferred 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 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
  1/20/2006SenateFiled with Secretary by Sen. Kirk W. Dillard
  1/20/2006SenateFirst Reading
  1/20/2006SenateReferred to Rules
  2/1/2006SenateAdded as Chief Co-Sponsor Sen. Christine Radogno

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