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Public Act 094-0531
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| SB0516 Enrolled |
LRB094 09655 LCB 39910 b |
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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 |
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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 |