SB1526 EngrossedLRB101 06794 LNS 51821 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended  by adding 
5Section 2-604.2 and by repealing Section 2-604 as follows:
 
6    (735 ILCS 5/2-604.2 new)
7    Sec. 2-604.2. Requesting remedies from the court.
8    (a) Except in personal injury actions, every count in every 
9complaint and counterclaim must request specific remedies the 
10party believes it should receive from the court.
11    In a personal injury action, a party may not claim an 
12amount of money unless necessary to comply with the circuit 
13court rules about where a case is assigned. In a personal 
14injury action, if a complaint is filed that contains an amount 
15claimed and the claim is not necessary to comply with the 
16circuit court rules about where a case is assigned, the 
17complaint shall be dismissed without prejudice on the 
18defendant's motion or on the court's own motion.
19    (b) A party may request remedies from the court in the 
20alternative. A request for a remedy from the court that is not 
21supported by allegations in the complaint or counterclaim may 
22be objected to by motion or in the answering pleading.
23    (c) Except in the case of default, the remedies requested 
 
 
SB1526 Engrossed- 2 -LRB101 06794 LNS 51821 b

1from the court do not limit the remedies available. Except in 
2the case of default, if a party seeks remedies other than those 
3listed in the complaint or counterclaim, the court may, by 
4proper order, and upon terms that may be just, protect the 
5adverse party against prejudice by reason of surprise.
6    In the case of default, if a remedy is sought in the 
7pleading, whether by amendment, counterclaim, or otherwise, 
8that is beyond what the defaulted party requested, notice shall 
9be given to the defaulted party as provided by Illinois Supreme 
10Court Rule 105.
11    (d) The defendant is not prohibited from requesting from 
12the plaintiff, by interrogatory, the amount of damages sought. 
  
 
13    (735 ILCS 5/2-604 rep.)
14    Section 10. The Code of Civil Procedure is amended by 
15repealing Section 2-604.