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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 or14more 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.