Section 1001.50  Special Appearance

Prior to filing any other pleading or motion, a special appearance may be made either in person or by an attorney for the limited purpose of objecting to jurisdiction.  Every appearance not expressly designated a special appearance shall be deemed to be a general appearance.  If the reasons for objecting to jurisdiction are not apparent from the papers on file in the proceeding, the special appearance shall be supported by affidavit setting forth the reasons.  In ruling upon any objection at any hearing, the hearing officer may consider all matters apparent from the papers on file, affidavits submitted by any party, and any other evidence adduced upon disputed issues of fact.  No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof.  A ruling adverse to the movant does not preclude the making of any motion or defense which might otherwise have been made. If the hearing officer sustains the objection, an appropriate ruling shall be entered of record.  Error in ruling against the objection is not waived by the objector's taking part in further proceedings in the matter.

(Source:  Amended at 26 Ill. Reg. 9380, effective June 13, 2002)