HB1960 97TH GENERAL ASSEMBLY

LRB097 05311 AJO 45366 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1960

Introduced , by Rep. Franco Coladipietro

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-301

from Ch. 110, par. 2-301

Amends the Code of Civil Procedure. Provides that: a motion to quash must be filed within 30 days after a defendant or other party files an appearance; a motion to quash must be filed within 30 days after a hearing in which a defendant or other party appears in court, without filing an appearance, and participates in a hearing before a judge; and a motion to quash not filed within the applicable 30-day time limit is barred. Effective immediately.

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) 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-3) A motion to quash must be filed within 30 days after a defendant or other party files an appearance. A motion to quash must be filed within 30 days after a hearing in which a defendant or other party appears in court, without filing an appearance, and participates in a hearing before a judge. A motion to quash not filed within the applicable 30-day time limit is barred.

(a-5) 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.

(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) 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.)

Section 99. Effective date. This Act takes effect upon becoming law.