State of Illinois
91st General Assembly
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Public Act 91-0145

SB401 Enrolled                                 LRB9100138DJcd

    AN ACT concerning objections to  a  court's  jurisdiction
over the person, amending named Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section  5.  The Juvenile Court Act of 1987 is amended by
changing Section 2-15 as follows:

    (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
    Sec. 2-15.  Summons.
    (1)  When a petition is filed, the  clerk  of  the  court
shall  issue  a summons with a copy of the petition attached.
The summons shall be directed to the minor's  legal  guardian
or  custodian and to each person named as a respondent in the
petition, except that summons need not be directed to a minor
respondent under 8 years of age for whom the court appoints a
guardian ad litem if the guardian ad litem appears on  behalf
of the minor in any proceeding under this Act.
    (2)  The  summons must contain a statement that the minor
or any of the respondents is entitled  to  have  an  attorney
present at the hearing on the petition, and that the clerk of
the  court  should  be  notified promptly if the minor or any
other respondent desires to be represented by an attorney but
is financially unable to employ counsel.
    (3)  The summons shall be issued under the  seal  of  the
court,  attested  in and signed with the name of the clerk of
the court, dated on the day it is issued, and  shall  require
each respondent to appear and answer the petition on the date
set  for the adjudicatory hearing.  The summons shall contain
a notice that the parties will not  be  entitled  to  further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to  terminate  parental rights, except as required by Supreme
Court Rule 11.
    (4)  The summons may be served  by  any  county  sheriff,
coroner  or probation officer, even though the officer is the
petitioner. The return of the  summons  with  endorsement  of
service by the officer is sufficient proof thereof.
    (5)  Service  of a summons and petition shall be made by:
(a) leaving a copy thereof with the person summoned at  least
3  days  before  the  time stated therein for appearance; (b)
leaving a copy at his usual place of abode with  some  person
of  the  family,  of  the  age  of  10  years or upwards, and
informing that person of the contents thereof,  provided  the
officer or other person making service shall also send a copy
of  the  summons  in  a  sealed  envelope  with postage fully
prepaid, addressed to the person summoned at his usual  place
of  abode, at least 3 days before the time stated therein for
appearance; or (c) leaving a copy thereof with  the  guardian
or  custodian  of  a  minor,  at least 3 days before the time
stated therein for appearance.  If the guardian or  custodian
is  an agency of the State of Illinois, proper service may be
made by leaving a copy of the summons and petition  with  any
administrative  employee  of  such  agency designated by such
agency to  accept  service  of  summons  and  petitions.  The
certificate of the officer or affidavit of the person that he
has  sent  the  copy  pursuant  to this Section is sufficient
proof of service.
    (6)  When a parent or other  person,  who  has  signed  a
written promise to appear and bring the minor to court or who
has  waived or acknowledged service, fails to appear with the
minor on the date set by the court, a bench  warrant  may  be
issued for the parent or other person, the minor, or both.
    (7)  The  appearance  of  the  minor's  legal guardian or
custodian, or a person named as a respondent in  a  petition,
in any proceeding under this Act shall constitute a waiver of
service  of summons and submission to the jurisdiction of the
court, except that the filing of a motion special  appearance
authorized under Section 2-301 of the Code of Civil Procedure
does  not  constitute an appearance under this subsection.  A
copy of the summons and petition shall  be  provided  to  the
person at the time of his appearance.
    (8)  Notice  to  a parent who has appeared or been served
with summons personally or by certified mail, and for whom an
order of  default  has  been  entered  on  the  petition  for
wardship  and  has  not  been  set aside shall be provided in
accordance with Supreme Court Rule 11.  Notice  to  a  parent
who  was  served  by  publication  and  for  whom an order of
default has been entered on the petition for wardship and has
not been set aside shall be provided in accordance with  this
Section and Section 2-16.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
eff. 6-30-98.)

    Section  10.   The  Code of Civil Procedure is amended by
changing Section 2-301 as follows:

    (735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
    Sec. 2-301. Objections to jurisdiction over  the  person.
Special appearance.
    (a)  Prior  to the filing of any other pleading or motion
other than a motion for an extension of  time  to  answer  or
otherwise   appear,   a  party  may  object  to  the  court's
jurisdiction over the party's person, either  on  the  ground
that  the party is not amenable to process of a court of this
State or  on  the  ground  of  insufficiency  of  process  or
insufficiency  of  service  of process, by filing a motion to
dismiss the entire proceeding or any cause of action involved
in the proceeding or by filing a motion to quash  service  of
process.   Such  a motion may be made singly or included with
others in a combined motion, but  the  parts  of  a  combined
motion  must be identified in the manner described in Section
2-619.1.  Unless the facts that constitute the basis for  the
objection  are  apparent  from  papers already on file in the
case, the motion must be supported by  an  affidavit  setting
forth  those facts. , a special appearance may be made either
in person or by attorney for the purpose of objecting to  the
jurisdiction of the court over the person of the defendant. A
special  appearance may be made as to an entire proceeding or
as to any cause of action involved therein. Every appearance,
prior to judgment, not in compliance with the foregoing is  a
general appearance.
    (a-5)  If the objecting party files a responsive pleading
or a motion (other than a motion for an extension of time  to
answer  or  otherwise appear) prior to the filing of a motion
in compliance with subsection  (a),  that  party  waives  all
objections  to  the  court's  jurisdiction  over  the party's
person.
    (b)  If the reasons for objection are not  apparent  from
the  papers on file in the case, the special appearance shall
be supported by  affidavit  setting  forth  the  reasons.  In
disposing  of  a motion objecting to the court's jurisdiction
over the person of the  objecting  party,   ruling  upon  the
objection, the court shall consider all matters apparent from
the  papers  on file in the case, affidavits submitted by any
party, and  any  evidence  adduced  upon  contested  disputed
issues  of  fact.  The court shall enter an appropriate order
sustaining or overruling the objection. 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 decision adverse to the objector does not preclude
the  objector  from  making any motion or defense which he or
she might otherwise have made.
    (c)  If the court sustains the objection, an  appropriate
order shall be entered. Error in ruling against the objecting
party  defendant  on  the  objection is waived by the party's
defendant's taking part in further proceedings in  the  case,
unless  the  objection  is  on  the  ground  that  the  party
defendant  is  not  amenable  to process issued by a court of
this State.
(Source: P.A. 82-280.)

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