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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1766 Introduced , by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
| | 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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| | HB1766 | | LRB098 05711 HEP 35750 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by |
| 5 | | changing Section 2-801 as follows:
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| 6 | | (735 ILCS 5/2-801) (from Ch. 110, par. 2-801)
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| 7 | | Sec. 2-801. Prerequisites for the maintenance of a class |
| 8 | | action. An action may be maintained as a class action in any |
| 9 | | court of this State
and
and a party may sue or be sued as a |
| 10 | | representative party of the class
only if the court finds: |
| 11 | | (1) The class is so numerous that joinder of all members is
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| 12 | | impracticable.
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| 13 | | (2) There are questions of fact or law common to the class, |
| 14 | | which
common questions predominate over any questions |
| 15 | | affecting only
individual members.
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| 16 | | (3) The representative parties will fairly and adequately |
| 17 | | protect
the interest of the class.
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| 18 | | (4) The class action is an appropriate method for the fair |
| 19 | | and
efficient adjudication of the controversy.
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| 20 | | (Source: P.A. 82-280.)
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