State of Illinois
92^nd General Assembly
Legislation

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92_SB1927eng

 
SB1927 Engrossed                               LRB9214196WHcs

 1        AN ACT in relation to civil procedure.

 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 2-604 as follows:

 6        (735 ILCS 5/2-604) (from Ch. 110, par. 2-604)
 7        Sec. 2-604. Prayer for  relief.   Every  count  in  every
 8    complaint and counterclaim shall contain specific prayers for
 9    the  relief  to  which  the  pleader deems himself or herself
10    entitled except that in actions for injury to the person,  no
11    ad  damnum  may  be  pleaded  except  to  the  minimum extent
12    necessary to comply with  the  circuit  rules  of  assignment
13    where  the  claim is filed.   Relief, whether based on one or
14    more counts, may be requested in the alternative. Prayers for
15    relief which the allegations of the pleadings do not  sustain
16    may be objected to on motion or in the answering pleading. In
17    actions  for  injury to the person, any complaint filed which
18    contains an ad damnum, except to the minimum extent necessary
19    to comply with the circuit  rules  of  assignment  where  the
20    claim  is  filed,  shall,  on motion of a defendant or on the
21    court's own motion, be dismissed without  prejudice.   Except
22    in  case of default, the prayer for relief does not limit the
23    relief obtainable, but where other relief is sought the court
24    shall, by proper orders, and upon terms  that  may  be  just,
25    protect  the  adverse  party  against  prejudice by reason of
26    surprise. In case of default, if relief is sought, whether by
27    amendment, counterclaim, or otherwise, beyond that prayed  in
28    the  pleading  to which the party is in default, notice shall
29    be given the defaulted party as provided by rule.
30        Nothing in this Section shall be construed as prohibiting
31    the  defendant  from   requesting   of   the   plaintiff   by
 
SB1927 Engrossed            -2-                LRB9214196WHcs
 1    interrogatory the amount of damages which will be sought.
 2    (Source: P.A. 83-707.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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