SB2559 95TH GENERAL ASSEMBLY

LRB095 19835 AJO 46227 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2559

Introduced 2/15/2008, by Sen. Kirk W. Dillard

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-301

from Ch. 110, par. 2-301

Amends the Code of Civil Procedure. Provides that within 90 days after filing an appearance (instead of prior to filing any other pleading other than a motion for an extension of time within which to plead), a party may object to the court exercising personal jurisdiction over the party. Provides that participating in the litigation does not waive the jurisdictional argument (deletes a provision that if a party files a responsive pleading other than a motion for an extension of time prior to filing a motion to dismiss or to quash service of process, the party waives all objections to the court's jurisdiction over the party's person). Deletes a provision that states that error in ruling against an objecting party is waived by that party taking part in further proceedings in the case unless the objection is on the basis of the party not being amenable to service by an Illinois court.

A BILL FOR

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 changing Section 2-301 as follows:

(735 ILCS 5/2-301) (from Ch. 110, par. 2-301)

Sec. 2-301. Objections to jurisdiction over the person.

(a) Within 90 days after filing an appearance Prior to the filing of any other pleading or motion other than a motion for an extension of time to answer or otherwise appear, a party may object to the court's jurisdiction over the party's person, either on the ground that the party is not amenable to process of a court of this State or on the ground of insufficiency of process or insufficiency of service of process, by filing a motion to dismiss the entire proceeding or any cause of action involved in the proceeding or by filing a motion to quash service of process. Such a motion may be made singly or included with others in a combined motion, but the parts of a combined motion must be identified in the manner described in Section 2-619.1. Unless the facts that constitute the basis for the objection are apparent from papers already on file in the case, the motion must be supported by an affidavit setting forth those facts.

(a-5) (Blank). If the objecting party files a responsive pleading or a motion (other than a motion for an extension of time to answer or otherwise appear) prior to the filing of a motion in compliance with subsection (a), that party waives all objections to the court's jurisdiction over the party's person.

(a-7) Participating in the litigation shall not, be deemed a waiver of the jurisdictional argument.

(b) In disposing of a motion objecting to the court's jurisdiction over the person of the objecting party, the court shall consider all matters apparent from the papers on file in the case, affidavits submitted by any party, and any evidence adduced upon contested issues of fact. The court shall enter an appropriate order sustaining or overruling the objection. No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof. A decision adverse to the objector does not preclude the objector from making any motion or defense which he or she might otherwise have made.

(c) (Blank). Error in ruling against the objecting party on the objection is waived by the party's taking part in further proceedings unless the objection is on the ground that the party is not amenable to process issued by a court of this State.

(Source: P.A. 91-145, eff. 1-1-00.)