Public Act 101-0403
 
SB1526 EnrolledLRB101 06794 LNS 51821 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Code of Civil Procedure is amended  by adding 
Section 2-604.2 and by repealing Section 2-604 as follows:
 
    (735 ILCS 5/2-604.2 new)
    Sec. 2-604.2. Requesting remedies from the court.
    (a) Except in personal injury actions, every count in every 
complaint and counterclaim must request specific remedies the 
party believes it should receive from the court.
    In a personal injury action, a party may not claim an 
amount of money unless necessary to comply with the circuit 
court rules about where a case is assigned. In a personal 
injury action, if a complaint is filed that contains an amount 
claimed and the claim is not necessary to comply with the 
circuit court rules about where a case is assigned, the 
complaint shall be dismissed without prejudice on the 
defendant's motion or on the court's own motion.
    (b) A party may request remedies from the court in the 
alternative. A request for a remedy from the court that is not 
supported by allegations in the complaint or counterclaim may 
be objected to by motion or in the answering pleading.
    (c) Except in the case of default, the remedies requested 
from the court do not limit the remedies available. Except in 
the case of default, if a party seeks remedies other than those 
listed in the complaint or counterclaim, the court may, by 
proper order, and upon terms that may be just, protect the 
adverse party against prejudice by reason of surprise.
    In the case of default, if a remedy is sought in the 
pleading, whether by amendment, counterclaim, or otherwise, 
that is beyond what the defaulted party requested, notice shall 
be given to the defaulted party as provided by Illinois Supreme 
Court Rule 105.
    (d) The defendant is not prohibited from requesting from 
the plaintiff, by interrogatory, the amount of damages sought. 
  
 
    (735 ILCS 5/2-604 rep.)
    Section 10. The Code of Civil Procedure is amended by 
repealing Section 2-604.