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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4384 Introduced 1/29/2020, by Rep. Deanne M. Mazzochi - Daniel Swanson SYNOPSIS AS INTRODUCED:
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Amends the Code of Civil Procedure. Provides that if the court determines that a petition for mandamus is frivolous or patently without merit, it shall dismiss the petition on its own motion. Provides that the order of dismissal is a final judgment and shall be served upon the petitioner by certified mail within 10 days of its entry.
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| | A BILL FOR |
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| | HB4384 | | LRB101 17412 LNS 66819 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Code of Civil Procedure is amended by adding |
| 5 | | Section 14-110 as follows:
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| 6 | | (735 ILCS 5/14-110 new) |
| 7 | | Sec. 14-110. Dismissal of frivolous claims. If the court |
| 8 | | determines that a petition for mandamus is frivolous or |
| 9 | | patently without merit, it shall dismiss the petition on its |
| 10 | | own motion, in a written order, specifying the findings of fact |
| 11 | | and conclusions of law it made in reaching its decision. The |
| 12 | | order of dismissal is a final judgment and shall be served upon |
| 13 | | the petitioner by certified mail within 10 days of its entry.
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