Full Text of SB0595 102nd General Assembly
SB0595enr 102ND GENERAL ASSEMBLY |
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| 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 2-206 as follows:
| 6 | | (735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
| 7 | | Sec. 2-206. Service by publication; affidavit; mailing;
| 8 | | certificate. | 9 | | (a) Whenever, in any action affecting property or status | 10 | | within the
jurisdiction of the court, including an action to | 11 | | obtain the specific
performance, reformation, or rescission of | 12 | | a contract for the conveyance
of land, except for an action | 13 | | brought under Part 15 of Article XV of this Code that is are | 14 | | subject to subsection (a-5), the plaintiff or his or her
| 15 | | attorney shall file, at the office of the clerk of the court in | 16 | | which
the action is pending, an affidavit showing that the | 17 | | defendant resides
or has gone out of this State, or on due | 18 | | inquiry cannot be found, or is
concealed within this State, so | 19 | | that process cannot be served upon him or her,
and stating the | 20 | | place of residence of the defendant, if known, or that
upon | 21 | | diligent inquiry his or her place of residence cannot be | 22 | | ascertained, the
clerk shall cause publication to be made in | 23 | | some newspaper published in
the county in which the action is |
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| 1 | | pending. If there is no newspaper
published in that county, | 2 | | then the publication shall be in a newspaper
published in an | 3 | | adjoining county in this State, having a circulation in
the | 4 | | county in which action is pending. The publication shall | 5 | | contain
notice of the pendency of the action, the title of the | 6 | | court, the title
of the case, showing the names of the first | 7 | | named plaintiff and the
first named defendant, the number of | 8 | | the case, the names of the parties
to be served by publication, | 9 | | and the date on or after which default may
be entered against | 10 | | such party. The clerk shall also, within 10 days of the
first | 11 | | publication of the notice, send a copy thereof by mail, | 12 | | addressed
to each defendant whose place of residence is stated | 13 | | in such affidavit.
The certificate of the clerk that he or she | 14 | | has sent the copy in pursuance of
this Section is evidence that | 15 | | he or she has done so.
| 16 | | (a-5) If, in any action brought under Part 15 of Article XV | 17 | | of this Code, the plaintiff, or his or her attorney, shall | 18 | | file, at the office of the clerk of the court in which the | 19 | | action is pending, an affidavit showing that the defendant | 20 | | resides outside of or has left this State, or on due inquiry | 21 | | cannot be found, or is concealed within this State so that | 22 | | process cannot be served upon him or her, and stating the place | 23 | | of residence of the defendant, if known, or that upon diligent | 24 | | inquiry his or her place of residence cannot be ascertained, | 25 | | the plaintiff, or his or her attorney representative , shall | 26 | | cause publication to be made in some newspaper published in |
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| 1 | | the county in which the action is pending. If there is no | 2 | | newspaper published in that county, then the publication shall | 3 | | be in a newspaper published in an adjoining county in this | 4 | | State, having a circulation in the county in which action is | 5 | | pending. The publication shall contain notice of the pendency | 6 | | of the action, the title of the court, the title of the case, | 7 | | showing the names of the first named plaintiff and the first | 8 | | named defendant, the number of the case, the names of the | 9 | | parties to be served by publication, and the date on or after | 10 | | which default may be entered against such party. It shall be | 11 | | the non-delegable duty of the plaintiff, or his or her | 12 | | attorney clerk of the court , within 10 days of the first | 13 | | publication of the notice, to send a copy thereof by mail, | 14 | | addressed to each defendant whose place of residence is stated | 15 | | in such affidavit. The certificate of the plaintiff, or his or | 16 | | her attorney, clerk of the court that he or she has sent the | 17 | | copy in pursuance of this Section is evidence that he or she | 18 | | has done so. A copy of the certificate shall be filed at the | 19 | | office of the clerk of the court where the action is pending. | 20 | | (b) In any action brought by a unit of local government to | 21 | | cause the
demolition, repair, or enclosure of a dangerous and | 22 | | unsafe or uncompleted
or abandoned building, notice by | 23 | | publication under this Section may be
commenced during the | 24 | | time during which attempts are made to locate the
defendant | 25 | | for personal service. In that case, the unit of local | 26 | | government
shall file with the clerk an affidavit stating that |
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| 1 | | the action meets the
requirements of this subsection and that | 2 | | all required attempts are being
made to locate the defendant. | 3 | | Upon the filing of the affidavit, the clerk
shall cause | 4 | | publication to be made under this Section. Upon completing the
| 5 | | attempts to locate the defendant required by this Section, the | 6 | | municipality
shall file with the clerk an affidavit meeting | 7 | | the requirements of
subsection (a). Service under this | 8 | | subsection shall not be deemed to have
been made until the | 9 | | affidavit is filed and service by publication in the
manner | 10 | | prescribed in subsection (a) is completed.
| 11 | | (Source: P.A. 101-539, eff. 1-1-20; revised 8-19-20.)
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