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| Public Act 094-0582 |
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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 2-402 as follows:
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(735 ILCS 5/2-402) (from Ch. 110, par. 2-402)
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(Text of Section WITHOUT the changes made by P.A. 89-7, | ||||
which has been held
unconstitutional)
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Sec. 2-402. Respondents in discovery. The plaintiff
in any | ||||
civil action may designate as
respondents in discovery in his | ||||
or her pleading those individuals or
other entities, other than
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the named defendants, believed by the plaintiff to have | ||||
information essential
to the determination of who should | ||||
properly be named as additional
defendants in the action.
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Persons or entities so named as respondents in discovery | ||||
shall be required
to respond to discovery by the plaintiff in | ||||
the same manner as are
defendants and may, on motion of the | ||||
plaintiff, be added as defendants
if the evidence discloses the | ||||
existence of probable cause for such
action.
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A person or entity named a respondent in discovery may upon | ||||
his or
her own motion be
made a defendant in the action, in | ||||
which case the provisions of this
Section are no longer | ||||
applicable to that person.
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A copy of the complaint shall be served on each person or | ||||
entity named as a
respondent in discovery.
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Each respondent in discovery shall be paid expenses and | ||||
fees as
provided for witnesses.
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A person or entity named as a respondent in discovery in | ||||
any civil action may
be made a defendant in the same action at | ||||
any time within 6 months after
being named as a respondent in | ||||
discovery, even though the time during
which an action may | ||||
otherwise be initiated against him or her may have expired
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during such 6 month period.
An extension from the original | ||
6-month period for good cause may be granted only once for up | ||
to 90 days for (i) withdrawal of plaintiff's counsel or (ii) | ||
good cause. Notwithstanding the limitations in this Section, | ||
the court may grant additional reasonable extensions from this | ||
6-month period for a failure or refusal on the part of the | ||
respondent to comply with timely filed discovery.
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The plaintiff shall serve upon the respondent or | ||
respondents a copy of the complaint together with a summons in | ||
a form substantially as follows:
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"STATE OF ILLINOIS | ||
COUNTY OF .................. | ||
IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS
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COUNTY DEPARTMENT, LAW DIVISION
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(or, In the Circuit Court of the ............ Judicial Circuit)
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...................
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Plaintiff(s),
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v.
No.
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.................
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.................,
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Defendant(s),
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and
PLEASE SERVE:
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.................
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.................,
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Respondent(s) in Discovery. | ||
SUMMONS FOR DISCOVERY
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TO RESPONDENT IN DISCOVERY: | ||
YOU ARE HEREBY NOTIFIED that on ................, 20..... , | ||
a complaint, a copy of which is attached, was filed in the | ||
above Court naming you as a Respondent in Discovery. Pursuant | ||
to the Illinois Code of Civil Procedure Section 2-402 and | ||
Supreme Court Rules 201 et. seq., and/or Court Order entered on | ||
.................................., the above named | ||
Plaintiff(s) are authorized to proceed with the discovery of | ||
the named Respondent(s) in Discovery. | ||
YOU ARE SUMMONED AND COMMANDED to appear for deposition, | ||
before a notary public (answer the attached written | ||
interrogatories), (respond to the attached request to | ||
produce), (or other appropriate discovery tool).
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We are scheduled to take the oral discovery deposition of the | ||
above named Respondent, .................................., on | ||
........................, 20..., at the hour of ..... | ||
a.m./p.m., at the office | ||
..........................................., Illinois, in | ||
accordance with the rules and provisions of this Court. Witness | ||
and mileage fees in the amount of ....................... are | ||
attached (or)
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(serve the following interrogatories, request to produce, or | ||
other appropriate discovery tool upon Respondent, | ||
....................... to be answered under oath by | ||
Respondent, ............................, and delivered to the | ||
office of ................................., Illinois, within | ||
28 days from date of service).
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TO THE OFFICER/SPECIAL PROCESS SERVER: | ||
This summons must be returned by the officer or other | ||
person to whom it was given for service, with endorsement or | ||
affidavit of service and fees and an endorsement or affidavit | ||
of payment to the Respondent of witness and mileage fees, if | ||
any, immediately after service. If service cannot be made, this | ||
summons shall be returned so endorsed. | ||
WITNESS, .....................
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..............................
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Clerk of Court
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Date of Service: .........., 20...
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(To be inserted by officer on copy left
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with Respondent or other person)
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Attorney No.
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Name: | ||
Attorney for: | ||
Address: | ||
City/State/Zip:
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Telephone:". | ||
This amendatory Act of the 94th General Assembly applies to | ||
causes of action pending on or after its effective date.
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(Source: P.A. 86-483.)
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