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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1500 Introduced 2/7/2013, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-301 | from Ch. 110, par. 2-301 |
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Amends the Civil Practice Law of the Code of Civil Procedure. Provides that the deadline for filing a motion to dismiss the entire proceeding or to quash service of process on the basis of an objection to the court's jurisdiction over the person, unless extended by the court for good cause shown, is 60 days after the earlier of: (i) the date that the moving party filed an appearance; or (ii) the date that the moving party participated in a hearing without filing an appearance.
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| | A BILL FOR |
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| | SB1500 | | LRB098 06629 HEP 36672 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,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Civil Procedure is amended by |
5 | | changing Section 2-301 as follows:
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6 | | (735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
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7 | | Sec. 2-301. Objections to jurisdiction over the person.
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8 | | (a) Prior to the filing of any other pleading or motion
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9 | | other than a motion for an extension of time to answer or |
10 | | otherwise appear, a
party may
object to the court's |
11 | | jurisdiction over the party's person, either on the
ground
that
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12 | | the party is not
amenable to process of a court of this State |
13 | | or on the ground of insufficiency
of process
or insufficiency |
14 | | of service of process, by filing a motion to dismiss the
entire
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15 | | proceeding
or any cause of action involved in the proceeding or |
16 | | by filing a motion to
quash service of
process. Such a motion |
17 | | may be made singly or included with others in a
combined
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18 | | motion, but the parts of a combined motion must be identified |
19 | | in the manner
described in
Section 2-619.1. Unless the facts |
20 | | that constitute the basis for the objection
are apparent
from |
21 | | papers already on file in the case, the motion must be |
22 | | supported by an
affidavit
setting forth those facts.
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23 | | (a-5) The deadline for filing a motion to dismiss the |