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91_SB1920
LRB9113295STsb
1 AN ACT to amend the Code of Civil Procedure concerning
2 class actions.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 2-802 as follows:
7 (735 ILCS 5/2-802) (from Ch. 110, par. 2-802)
8 Sec. 2-802. Order and findings relative to the class.
9 (a) Determination of Class. As soon as practicable
10 after the commencement of an action brought as a class
11 action, the court shall determine by order whether it may be
12 so maintained and describe those whom the court finds to be
13 members of the class. This order may be conditional and may
14 be amended before a decision on the merits.
15 (b) Class Action on Limited Issues and Sub-classes.
16 When appropriate, an action may be brought or maintained as a
17 class action with respect to particular issues, or divided
18 into sub-classes and each sub-class treated as a class. The
19 provisions of this rule shall then be construed and applied
20 accordingly.
21 (c) Appeals. A party has an absolute right to appeal a
22 circuit court's order granting or denying class action
23 certification under this Section. The appeal must be
24 commenced within 10 days after the entry of the order. The
25 circuit court or the appellate court may stay further
26 proceedings until the appeal is concluded.
27 (Source: P.A. 82-280.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.