102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1026

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-201  from Ch. 110, par. 2-201

    Amends the Code of Civil Procedure. Makes a technical change in a Section concerning commencement of actions and forms of process.


LRB102 03039 LNS 13052 b

 

 

A BILL FOR

 

HB1026LRB102 03039 LNS 13052 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
5changing Section 2-201 as follows:
 
6    (735 ILCS 5/2-201)  (from Ch. 110, par. 2-201)
7    Sec. 2-201. Commencement of actions - Forms of process.
8    (a) Every action, unless otherwise expressly provided by
9statute, shall be commenced by the the filing of a complaint.
10The clerk shall issue summons upon request of the plaintiff.
11The form and substance of the summons, and of all other
12process, and the issuance of alias process, and the service of
13copies of pleadings shall be according to rules.
14    (b) One or more duplicate original summonses may be
15issued, marked "First Duplicate," "Second Duplicate," etc., as
16the case may be, whenever it will facilitate the service of
17summons in any one or more counties, including the county of
18venue.
19    (c) A court's jurisdiction is not affected by a technical
20error in format of a summons if the summons has been issued by
21a clerk of the court, the person or entity to be served is
22identified as a defendant on the summons, and the summons is
23properly served. This subsection is declarative of existing

 

 

HB1026- 2 -LRB102 03039 LNS 13052 b

1law.
2(Source: P.A. 100-1048, eff. 8-23-18.)