HB1026 102ND GENERAL ASSEMBLY

LRB102 03039 LNS 13052 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1026

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-201

from Ch. 110, par. 2-201

Amends the Code of Civil Procedure. Makes a technical change in a Section concerning commencement of actions and forms of process.

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 Section 2-201 as follows:

(735 ILCS 5/2-201) (from Ch. 110, par. 2-201)

Sec. 2-201. Commencement of actions - Forms of process.

(a) Every action, unless otherwise expressly provided by statute, shall be commenced by the the filing of a complaint. The clerk shall issue summons upon request of the plaintiff. The form and substance of the summons, and of all other process, and the issuance of alias process, and the service of copies of pleadings shall be according to rules.

(b) One or more duplicate original summonses may be issued, marked "First Duplicate," "Second Duplicate," etc., as the case may be, whenever it will facilitate the service of summons in any one or more counties, including the county of venue.

(c) A court's jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served. This subsection is declarative of existing law.

(Source: P.A. 100-1048, eff. 8-23-18.)