HB5513 95TH GENERAL ASSEMBLY

LRB095 17423 AJO 43495 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5513

Introduced , by Rep. Jim Durkin

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.

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 2-1203 as follows:

(735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)

Sec. 2-1203. Motions after judgment in non-jury cases. (a) In all cases tried without a jury, any party may, within 30 days after the entry of the judgment or within any further time the court may allow within the 30 days or any extensions thereof, file a motion for a rehearing, or a retrial, or modification of the judgment or to vacate the judgment or for other relief.

(b) A motion filed in apt time stays enforcement of the judgment; in a case seeking injunctive or declaratory relief, however, 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.

(Source: P.A. 82-280.)