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Public Act 094-0531 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 2-1001 as follows:
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(735 ILCS 5/2-1001) (from Ch. 110, par. 2-1001)
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Sec. 2-1001. Substitution of judge. | ||||
(a) A substitution of judge in any civil action may be had | ||||
in the following
situations:
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(1) Involvement of judge. When the judge is a party or | ||||
interested in the
action, or his or her testimony is | ||||
material to either of the parties to the
action, or he or | ||||
she is related to or has been counsel for any party in | ||||
regard
to the matter in controversy. In any such situation | ||||
a substitution of judge may be
awarded by the court with or | ||||
without the application of either party.
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(2) Substitution as of right. When a party timely | ||||
exercises his or
her right to a substitution without cause | ||||
as provided in this paragraph (2).
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(i) Each party shall be entitled to one | ||||
substitution of judge
without cause as a matter of | ||||
right.
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(ii) An application for substitution of judge as of | ||||
right shall be
made by motion and shall be granted if | ||||
it is presented before trial or
hearing begins and | ||||
before the judge to whom it is presented has ruled on
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any substantial issue in the case, or if it is | ||||
presented by consent of
the parties.
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(iii) If any party has not entered an appearance in | ||||
the case and has
not been found in default, rulings in | ||||
the case by the judge on any
substantial issue before | ||||
the party's appearance shall not be grounds for
denying |
an otherwise timely application for substitution of | ||
judge as of
right by the party.
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(3) Substitution for cause. When cause exists.
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(i) Each party shall be entitled to a substitution | ||
or substitutions
of judge for cause.
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(ii) Every application for substitution of judge | ||
for cause shall be
made by petition, setting forth the | ||
specific cause for substitution and
praying a | ||
substitution of judge. The petition shall be verified | ||
by the
affidavit of the applicant.
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(iii) Upon the filing of a petition for | ||
substitution of judge for
cause, a hearing to determine | ||
whether the cause exists shall be conducted
as soon as | ||
possible by a judge other than the judge named in the | ||
petition. The judge named in the petition need not | ||
testify but may submit an affidavit if the judge | ||
wishes. If the petition is allowed, the case shall be | ||
assigned to a judge not named in the petition. If the | ||
petition is denied, the case shall be assigned back to | ||
the judge named in the petition.
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(4) Substitution in contempt proceedings. When any | ||
defendant in a
proceeding for contempt arising from an | ||
attack upon the character or
conduct of a judge occurring | ||
otherwise than in open court, and the proceeding
is pending | ||
before the judge whose character or conduct was impugned,
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fears that he or she will not receive a fair and impartial | ||
trial before
that judge. In any such situation the | ||
application shall be by petition,
verified by the | ||
applicant, and shall be filed before the trial of the
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contempt proceeding.
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(b) An application for substitution of judge may be made to | ||
the court in
which the case is pending, reasonable notice of | ||
the application having been
given to the adverse party or his | ||
or her attorney.
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(c) When a substitution of judge is granted, the case may | ||
be assigned to
some other judge in the same county, or in some |
other convenient county, to
which there is no valid objection. | ||
If the case is assigned to a judge in some
other county, the | ||
provisions of subsections (f) through (m) of Section 2-1001.5
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shall apply.
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(Source: P.A. 87-949; 88-35.)
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