95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1571

 

Introduced 2/9/2007, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-101   from Ch. 110, par. 2-101
735 ILCS 5/2-102   from Ch. 110, par. 2-102
735 ILCS 5/2-103   from Ch. 110, par. 2-103
735 ILCS 5/2-104   from Ch. 110, par. 2-104

    Amends the Code of Civil Procedure. Provides that, if none of the parties joined in good faith as defendants in a civil case are residents of this State, an action against those defendants may be commenced in the State only in the county in which the transaction out of which the cause of action arose, or some part of that transaction, occurred. Provides that a corporation organized under the laws of or authorized to do business in this State is a resident only of any county in which it has its registered office or other office (rather than being a resident of any county in which it does business). Makes similar changes regarding partnerships and voluntary unincorporated associations. Deletes language providing that an insurance company incorporated under the laws of, or doing business in this State may be sued in any county in which the plaintiff or one of the plaintiffs reside. Provides that, if none of the defendants in a civil action are residents of this State, and no part of the transaction out of which the action arose occurred in this State, the action must be dismissed for lack of proper venue. Makes other changes. Provides that the changes apply to causes of action filed on or after the effective date of the Act.


LRB095 08774 AJO 28959 b

 

 

A BILL FOR

 

SB1571 LRB095 08774 AJO 28959 b

1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Civil Procedure is amended by
5 changing Sections 2-101, 2-102, 2-103, and 2-104 as follows:
 
6     (735 ILCS 5/2-101)  (from Ch. 110, par. 2-101)
7     Sec. 2-101. Generally. Except as otherwise provided in this
8 Act, every action must be commenced (1) in the county of
9 residence of any defendant who is joined in good faith and with
10 probable cause for the purpose of obtaining a judgment against
11 him or her and not solely for the purpose of fixing venue in
12 that county, or (2) in the county in which the transaction or
13 some part thereof occurred out of which the cause of action
14 arose.
15     If a check, draft, money order, or other instrument for the
16 payment of child support payable to or delivered to the State
17 Disbursement Unit established under Section 10-26 of the
18 Illinois Public Aid Code is returned by the bank or depository
19 for any reason, venue for the enforcement of any criminal
20 proceedings or civil cause of action for recovery and attorney
21 fees shall be in the county where the principal office of the
22 State Disbursement Unit is located.
23     If no all defendants that are joined in good faith and with

 

 

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1 probable cause for the purpose of obtaining a judgment against
2 them are residents nonresidents of the State, an action may be
3 commenced in this State only in the county in which the
4 transaction out of which the cause of action arose, or some
5 part of that transaction, occurred any county.
6     If the corporate limits of a city, village or town extend
7 into more than one county, then the venue of an action or
8 proceeding instituted by that municipality to enforce any fine,
9 imprisonment, penalty or forfeiture for violation of any
10 ordinance of that municipality, regardless of the county in
11 which the violation was committed or occurred, may be in the
12 appropriate court (i) in the county wherein the office of the
13 clerk of the municipality is located or (ii) in any county in
14 which at least 35% of the territory within the municipality's
15 corporate limits is located.
16     The changes made by this amendatory Act of the 95th General
17 Assembly apply to causes of action filed on or after its
18 effective date.
19 (Source: P.A. 91-212, eff. 7-20-99.)
 
20     (735 ILCS 5/2-102)  (from Ch. 110, par. 2-102)
21     Sec. 2-102. Residence of corporations, voluntary
22 unincorporated associations and partnerships defined. For
23 purposes of venue, the following definitions apply:
24     (a) Any private corporation or railroad or bridge company,
25 organized under the laws of this State, and any foreign

 

 

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1 corporation authorized to transact business in this State is a
2 resident of any county in which it has its registered office or
3 other office or is doing business. A foreign corporation not
4 authorized to transact business in this State is a nonresident
5 of this State.
6     (b) A partnership sued in its firm name is a resident of
7 any county in which any partner resides or in which the
8 partnership has an office or is doing business. A partnership
9 sued in its firm name, of which all partners are nonresidents
10 of this State and which does not have an office or do business
11 in this State, is a nonresident of this State.
12     (c) A voluntary unincorporated association sued in its own
13 name is a resident of any county in which the association has
14 an office or, if on due inquiry no office can be found, in
15 which any officer of the association resides. A voluntary
16 unincorporated association sued in its own name, of which all
17 its members are nonresidents of this State and which does not
18 have an office or do business in this State, is a nonresident
19 of this State.
20     (d) The changes made by this amendatory Act of the 95th
21 General Assembly apply to causes of action filed on or after
22 its effective date.
23 (Source: P.A. 83-901.)
 
24     (735 ILCS 5/2-103)  (from Ch. 110, par. 2-103)
25     Sec. 2-103. Public corporations - Local actions - Libel -

 

 

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1 Insurance companies.
2     (a) Actions must be brought against a public, municipal,
3 governmental or quasi-municipal corporation in the county in
4 which its principal office is located or in the county in which
5 the transaction or some part thereof occurred out of which the
6 cause of action arose. Except as otherwise provided in Section
7 7-102 of this Code, if the cause of action is related to an
8 airport owned by a unit of local government or the property or
9 aircraft operations thereof, however, including an action
10 challenging the constitutionality of this amendatory Act of the
11 93rd General Assembly, the action must be brought in the county
12 in which the unit of local government's principal office is
13 located. Actions to recover damage to real estate which may be
14 overflowed or otherwise damaged by reason of any act of the
15 corporation may be brought in the county where the real estate
16 or some part of it is situated, or in the county where the
17 corporation is located, at the option of the party claiming to
18 be injured. Except as otherwise provided in Section 7-102 of
19 this Code, any cause of action that is related to an airport
20 owned by a unit of local government, and that is pending on or
21 after the effective date of this amendatory Act of the 93rd
22 General Assembly in a county other than the county in which the
23 unit of local government's principal office is located, shall
24 be transferred, upon motion of any party under Section 2-106 of
25 this Code, to the county in which the unit of local
26 government's principal office is located.

 

 

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1     (b) Any action to quiet title to real estate, or to
2 partition or recover possession thereof or to foreclose a
3 mortgage or other lien thereon, must be brought in the county
4 in which the real estate or some part of it is situated.
5     (c) Any action which is made local by any statute must be
6 brought in the county designated in the statute.
7     (d) Every action against any owner, publisher, editor,
8 author or printer of a newspaper or magazine of general
9 circulation for libel contained in that newspaper or magazine
10 may be commenced only in the county in which the defendant
11 resides or has his, her or its principal office or in which the
12 article was composed or printed, except when the defendant
13 resides or the article was printed without this State, in
14 either of which cases the action may be commenced in any county
15 in which the libel was circulated or published.
16     (e) (Blank). Actions against any insurance company
17 incorporated under the law of this State or doing business in
18 this State may also be brought in any county in which the
19 plaintiff or one of the plaintiffs may reside.
20     (f) The changes made by this amendatory Act of the 95th
21 General Assembly apply to causes of action filed on or after
22 its effective date.
23 (Source: P.A. 93-450, eff. 8-6-03.)
 
24     (735 ILCS 5/2-104)  (from Ch. 110, par. 2-104)
25     Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a)

 

 

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1 No order or judgment is void because rendered in the wrong
2 venue, except in case of judgment by confession as provided in
3 subsection (c) of Section 2-1301 of this Act. No action shall
4 abate or be dismissed because commenced in the wrong venue if
5 there is a proper venue to which the cause may be transferred.
6 If no defendants are residents of this State, and the
7 transaction out of which the cause of action arose, or some
8 part of that transaction, did not occur in this State, the
9 cause of action must be dismissed for lack of proper venue.
10     (b) All objections of improper venue are waived by a
11 defendant unless a motion to transfer to a proper venue or a
12 motion to dismiss for lack of proper venue is made by the
13 defendant on or before the date upon which he or she is
14 required to appear or within any further time that may be
15 granted him or her to answer or move with respect to the
16 complaint, except that if a defendant upon whose residence
17 venue depends is dismissed upon motion of plaintiff, a
18 remaining defendant may promptly move for transfer as though
19 the dismissed defendant had not been a party.
20     (c) Motions to dismiss or for transfer to a proper venue
21 may be supported and opposed by affidavit. In determining
22 issues of fact raised by affidavits, any competent evidence
23 adduced by the parties shall also be considered. The
24 determination of any issue of fact in connection with a motion
25 to transfer does not constitute a determination of the merits
26 of the case or any aspect thereof.

 

 

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1     (d) The changes made by this amendatory Act of the 95th
2 General Assembly apply to causes of action filed on or after
3 its effective date.
4 (Source: P.A. 83-707.)