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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0516
Introduced 2/17/2005, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-1001 |
from Ch. 110, par. 2-1001 |
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Amends the Code of Civil Procedure. Provides that a judge named in a petition for the substitution of a judge need not testify but may submit an affidavit if the judge wishes. Provides that if the petition for substitution is allowed, the case shall be assigned to a judge not named in the petition. Provides that if the petition for substitution is denied, then the case shall be assigned back to the judge named in the petition.
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A BILL FOR
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SB0516 |
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LRB094 09655 LCB 39910 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing Section 2-1001 as follows:
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| (735 ILCS 5/2-1001) (from Ch. 110, par. 2-1001)
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| Sec. 2-1001. Substitution of judge. |
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| (a) A substitution of judge in any civil action may be had |
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| in the following
situations:
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| (1) Involvement of judge. When the judge is a party or |
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| interested in the
action, or his or her testimony is |
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| material to either of the parties to the
action, or he or |
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| she is related to or has been counsel for any party in |
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| regard
to the matter in controversy. In any such situation |
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| a substitution of judge may be
awarded by the court with or |
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| without the application of either party.
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| (2) Substitution as of right. When a party timely |
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| exercises his or
her right to a substitution without cause |
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| as provided in this paragraph (2).
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| (i) Each party shall be entitled to one |
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| substitution of judge
without cause as a matter of |
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| right.
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| (ii) An application for substitution of judge as of |
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| right shall be
made by motion and shall be granted if |
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| it is presented before trial or
hearing begins and |
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| before the judge to whom it is presented has ruled on
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| any substantial issue in the case, or if it is |
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| presented by consent of
the parties.
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| (iii) If any party has not entered an appearance in |
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| the case and has
not been found in default, rulings in |
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| the case by the judge on any
substantial issue before |
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| the party's appearance shall not be grounds for
denying |