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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2159
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-801 |
from Ch. 110, par. 2-801 |
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Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning the maintenance of class actions.
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A BILL FOR
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HB2159 |
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LRB094 03009 LCB 33010 b |
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| AN ACT concerning civil law.
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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 2-801 as follows:
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| (735 ILCS 5/2-801) (from Ch. 110, par. 2-801)
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| Sec. 2-801. Prerequisites for the maintenance of a class |
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| action. An action may be maintained as a class action in any |
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| court of this State
and
and a party may sue or be sued as a |
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| representative party of the class
only if the court finds: |
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| (1) The class is so numerous that joinder of all members is
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| impracticable.
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| (2) There are questions of fact or law common to the class, |
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| which
common questions predominate over any questions |
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| affecting only
individual members.
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| (3) The representative parties will fairly and adequately |
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| protect
the interest of the class.
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| (4) The class action is an appropriate method for the fair |
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efficient adjudication of the controversy.
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| (Source: P.A. 82-280.)
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