|
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2928
Introduced 2/6/2004, by William R. Haine SYNOPSIS AS INTRODUCED:
|
|
735 ILCS 5/2-801 |
from Ch. 110, par. 2-801 |
|
Amends the Code of Civil Procedure. Makes a stylistic change in provisions
concerning the maintenance of class actions.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
SB2928 |
|
LRB093 21051 LCB 47073 b |
|
|
| 1 |
| AN ACT concerning civil procedure.
|
| 2 |
| Be it enacted by the People of the State of Illinois, |
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Code of Civil Procedure is amended by |
| 5 |
| changing Section 2-801
as follows:
|
| 6 |
| (735 ILCS 5/2-801) (from Ch. 110, par. 2-801)
|
| 7 |
| Sec. 2-801. Prerequisites for the maintenance of a class |
| 8 |
| action.
An action may be maintained as a class action in any |
| 9 |
| court of this State
and a party may sue or be sued as a |
| 10 |
| representative party of the class
only if the court finds:
|
| 11 |
| (1) The class is so numerous that joinder of all members is
|
| 12 |
| impracticable.
|
| 13 |
| (2) There are questions of fact or law common to the class, |
| 14 |
| which
common questions predominate over any questions |
| 15 |
| affecting only
individual members.
|
| 16 |
| (3) The representative parties will fairly and adequately |
| 17 |
| protect
the interests
interest of the class.
|
| 18 |
| (4) The class action is an appropriate method for the fair |
| 19 |
| and
efficient adjudication of the controversy.
|
| 20 |
| (Source: P.A. 82-280.)
|