95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2435

 

Introduced 2/15/2008, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1203   from Ch. 110, par. 2-1203

    Amends the Code of Civil Procedure. Provides that in a case seeking injunctive or declaratory relief, a judgment that allows the State or a unit of local government to enforce a law, statute, or ordinance shall be stayed only by a court order that follows a separate application that sets forth just cause for staying the enforcement.


LRB095 18704 AJO 44805 b

 

 

A BILL FOR

 

SB2435 LRB095 18704 AJO 44805 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 Section 2-1203 as follows:
 
6     (735 ILCS 5/2-1203)  (from Ch. 110, par. 2-1203)
7     Sec. 2-1203. Motions after judgment in non-jury cases. (a)
8 In all cases tried without a jury, any party may, within 30
9 days after the entry of the judgment or within any further time
10 the court may allow within the 30 days or any extensions
11 thereof, file a motion for a rehearing, or a retrial, or
12 modification of the judgment or to vacate the judgment or for
13 other relief.
14     (b) A motion filed in apt time stays enforcement of the
15 judgment; in a case seeking injunctive or declaratory relief,
16 however, a judgment that allows the State or a unit of local
17 government to enforce a law, statute, or ordinance shall be
18 stayed only by a court order that follows a separate
19 application that sets forth just cause for staying the
20 enforcement.
21 (Source: P.A. 82-280.)