HB5329 97TH GENERAL ASSEMBLY

LRB097 18920 AJO 64158 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5329

Introduced 2/8/2012, by Rep. Dwight Kay

SYNOPSIS AS INTRODUCED:

735 ILCS 5/1-105	from Ch. 110, par. 1-105
735 ILCS 5/2-406	from Ch. 110, par. 2-406
735 ILCS 5/5-110	from Ch. 110, par. 5-110
735 ILCS 5/5-122.1 new

Amends the Code of Civil Procedure. Authorizes the Illinois Supreme Court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions. Provides that, if a limitation period that applies to a plaintiff's cause of action has expired, then a defendant may not, after the expiration of that period, designate a third-party defendant with respect to that cause of action. Provides that, if a circuit court grants or denies, in whole or in part, a motion to dismiss due to the absence of a basis in law or fact for the action, then the court may award costs and reasonable and necessary attorney's fees to the prevailing party in amounts that the court determines are equitable and just. Authorizes reasonable deposition fees to be recovered as costs.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Sections 1-105, 2-406, 5-110, and 5-122.1 as follows:

(735 ILCS 5/1-105) (from Ch. 110, par. 1-105)

Sec. 1-105. Enforcement of Act and rules.

(a) The Supreme Court may provide by rule for the orderly and expeditious administration and enforcement of this Act and of the rules, including the striking of pleadings, the dismissal of claims, the entry of defaults, the assessment of costs, the assessment against an offending party of the reasonable expenses, including attorney's fees, which any violation causes another party to incur, or other action that may be appropriate.

(b) The Supreme Court may also adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions in which the amount in controversy, inclusive of all claims for damages of any kind, whether actual or exemplary, a penalty, attorney's fees, expenses, costs, interest, or any other type of damage of any kind, is more than $10,000 but does not exceed $100,000. The rules shall address the need for lowering discovery costs in these actions and the procedure for ensuring that these actions will be expedited in the civil justice system.

(Source: P.A. 82-280.)

(735 ILCS 5/2-406) (from Ch. 110, par. 2-406)

Sec. 2-406. Bringing in new parties - Third-party proceedings. (a) If a complete determination of a controversy cannot be had without the presence of other parties, the court may direct them to be brought in. If a person, not a party, has an interest or title which the judgment may affect, the court, on application, shall direct such person to be made a party.

(b) Within the time for filing his or her answer or thereafter by leave of court, a defendant may by third-party complaint bring in as a defendant a person not a party to the action who is or may be liable to him or her for all or part of the plaintiff's claim against him or her. Subsequent pleadings shall be filed as in the case of a complaint and with like designation and effect. The third-party defendant may assert any defenses which he or she has to the third-party complaint or which the third-party plaintiff has to the plaintiff's claim and shall have the same right to file a counterclaim or third-party complaint as any other defendant. If the plaintiff desires to assert against the third-party defendant any claim which the plaintiff might have asserted against the third-party defendant had he or she been joined originally as a defendant, the plaintiff shall do so by an appropriate pleading. When a counterclaim is filed against a party, the party may in like manner proceed against third parties. Nothing herein applies to liability insurers.

(c) An action is commenced against a new party by the filing of an appropriate pleading or the entry of an order naming him or her a party. Service of process shall be had upon a new party in like manner as is provided for service on a defendant.

(d) If a limitation period that applies to a plaintiff's cause of action has expired, then a defendant may not, after the expiration of that period, designate a third-party defendant with respect to that cause of action.

(Source: P.A. 82-280.)

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

Sec. 5-110. Judgment on motion.

(a) If in any action, judgment upon any motion directed to the complaint, answer or reply, by either party to the action, is entered against the plaintiff, the defendant shall recover costs against the plaintiff. If such judgment is entered in favor of the plaintiff, the plaintiff shall recover costs against the defendant; and the person so recovering costs may collect same in the same manner as judgments for the payment of money are enforced.

(b) Notwithstanding subsection (a), if a circuit court grants or denies, in whole or in part, a motion to dismiss under Section 2-615 due to the absence of a basis in law or fact for the action, then the court may award costs and reasonable and necessary attorney's fees to the prevailing party in amounts that the court determines are equitable and just. This subsection (b) does not apply to actions by or against the State, other governmental entities, or public officials acting in their official capacity or under color of law.

(Source: P.A. 82-280.)

(735 ILCS 5/5-122.1 new)

Sec. 5-122.1. Reasonable deposition fees as costs. Reasonable deposition fees may be recovered as costs.