|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0852 Introduced 1/25/2013, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 735 ILCS 5/2-801 | from Ch. 110, par. 2-801 |
|
Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning the maintenance of class actions.
|
| |
| | A BILL FOR |
|
|
| | HB0852 | | LRB098 03673 HEP 33689 b |
|
|
| 1 | | AN ACT concerning civil law.
|
| 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
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 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.)
|