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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 2-402 as follows:
 



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    (735 ILCS 5/2-402)  (from Ch. 110, par. 2-402)



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    (Text of Section WITHOUT the changes made by P.A. 89-7, 
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which has been held
unconstitutional)

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    Sec. 2-402. Respondents in discovery. The plaintiff
in any 
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civil action may designate as
respondents in discovery in his 
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or her pleading those individuals or
other entities, other than

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the named defendants, believed by the plaintiff to have 
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information essential
to the determination of who should 
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properly be named as additional
defendants in the action.

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    Persons or entities so named as respondents in discovery 
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shall be required
to respond to discovery by the plaintiff in 
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the same manner as are
defendants and may, on motion of the 
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plaintiff, be added as defendants
if the evidence discloses the 
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existence of probable cause for such
action.

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    A person or entity named a respondent in discovery may upon 
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his or
her own motion be
made a defendant in the action, in 
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which case the provisions of this
Section are no longer 
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applicable to that person.

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    A copy of the complaint shall be served on each person or 
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entity named as a
respondent in discovery.

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    Each respondent in discovery shall be paid expenses and 
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fees as
provided for witnesses.

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    A person or entity named as a respondent in discovery in 
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any civil action may
be made a defendant in the same action at 
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any time within 6 months after
being named as a respondent in 
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discovery, even though the time during
which an action may 
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otherwise be initiated against him or her may have expired

 


 






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during such 6 month period.
An extension from the original 
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6-month period for good cause may be granted only once for up 
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to 90 days for (i) withdrawal of plaintiff's counsel or (ii) 
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good cause.  Notwithstanding the limitations in this Section, 
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the court may grant additional reasonable extensions from this 
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6-month period for a failure or refusal on the part of the 
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respondent to comply with timely filed discovery.


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    The plaintiff shall serve upon the respondent or 
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respondents a copy of the complaint together with a summons in 
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a form substantially as follows:

 
 
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"STATE OF ILLINOIS
 
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COUNTY OF ..................
 
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IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS


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COUNTY DEPARTMENT, LAW DIVISION


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(or, In the Circuit Court of the ............ Judicial Circuit)


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...................

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                    Plaintiff(s),

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        v.                            
No.

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.................

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.................,

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                    Defendant(s),

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        and                            
PLEASE SERVE:

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.................

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.................,

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        Respondent(s) in Discovery.
 
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SUMMONS FOR DISCOVERY



 
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TO RESPONDENT IN DISCOVERY:
 
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    YOU ARE HEREBY NOTIFIED that on ................, 20..... ,   
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a complaint, a copy of which is attached, was filed in the 
 


 






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above Court naming you as a Respondent in Discovery. Pursuant 
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to the Illinois Code of Civil Procedure Section 2-402 and 
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Supreme Court Rules 201 et. seq., and/or Court Order entered on 
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.................................., the above named 
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Plaintiff(s) are authorized to proceed with the discovery of 
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the named Respondent(s) in Discovery.
 
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    YOU ARE SUMMONED AND COMMANDED to appear for deposition, 
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before a notary public (answer the attached written 
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interrogatories), (respond to the attached request to 
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produce), (or other appropriate discovery tool).
 

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We are scheduled to take the oral discovery deposition of the 
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above named Respondent, .................................., on 
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........................, 20..., at the hour of .....  
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a.m./p.m., at the office 
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..........................................., Illinois, in 
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accordance with the rules and provisions of this Court. Witness 
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and mileage fees in the amount of ....................... are 
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attached (or)
 

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(serve the following interrogatories, request to produce, or 
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other appropriate discovery tool upon Respondent, 
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....................... to be answered under oath by 
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Respondent, ............................, and delivered to the 
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office of ................................., Illinois, within 
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28 days from date of service).
 

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TO THE OFFICER/SPECIAL PROCESS SERVER:
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    This summons must be returned by the officer or other 
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person to whom it was given for service, with endorsement or 
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affidavit of service and fees and an endorsement or affidavit 
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of payment to the Respondent of witness and mileage fees, if 
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any, immediately after service. If service cannot be made, this 
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summons shall be returned so endorsed.
 
 


 






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WITNESS, .....................

 
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..............................

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Clerk of Court

 
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Date of Service: .........., 20...

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(To be inserted by officer on copy left

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with Respondent or other person)


 

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Attorney No.

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Name:
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Attorney for:
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Address:
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City/State/Zip:

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Telephone:".
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    This amendatory Act of the 94th General Assembly applies to 
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causes of action pending on or after its effective date.

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(Source: P.A. 86-483.)