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Bill Status of SB1724 100th General Assembly
Short Description: CD OF CIV PRO-VENUE
Senate Sponsors Sen. Kirk W. Dillard
Last Action
Date | Chamber | Action | 1/9/2007 | Senate | Session Sine Die |
Statutes Amended In Order of Appearance
Synopsis As Introduced Amends the Code of Civil Procedure. Provides that proper venue shall be: (1) in the county of residence of all defendants (instead of the county of residence of any defendant who is joined in the action); (2) in the county in which the most significant act or omission or the most significant event or transaction occurred (instead of the county in which the transaction or some part of the transaction occurred) out of which the cause of action arose; or (3) in the county in which the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose, where there is more than one defendant and the defendants reside in different counties or outside the State. Removes language allowing the cause of action to be commenced in any county when all of the defendants are nonresidents of the State. Provides that venue for a corporation, railroad or bridge company, foreign corporation, partnership, or voluntary unincorporated association shall be in the county in which the corporation, company, partnership, or association has its principal place of business. Provides that venue of a cause of action brought against a public, municipal, governmental, or quasi-municipal corporation shall be in the county in which its principal office is located or the county in which the most significant act or omission or the most significant event or transaction occurred. Provides that when venue is based on the defendant’s or defendants’ residence, and additional defendants or third party defendants are added to the claim or cause of action, venue remains proper only if all defendants and third party defendants are residents of the county where the claim or cause of action is filed. Requires that, if the additional defendants or third party defendants are not residents of the same county, upon motion of any party, the claim or cause of action shall be transferred to the county where the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose. Provides that, if there is no proper venue in this State for any reason, the claim or cause of action shall be dismissed without prejudice. Lists factors that the court shall consider when determining whether to dismiss a cause of action or transfer the cause of action to another venue. Provides that where more than one plaintiff is joined, each plaintiff shall independently establish proper venue. Makes other changes. Effective immediately.
Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Makes a technical change in the short title Section.
Actions
Date | Chamber | Action | 2/25/2005 | Senate | Filed with Secretary by Sen. Kirk W. Dillard | 2/25/2005 | Senate | First Reading | 2/25/2005 | Senate | Referred to Rules | 3/2/2005 | Senate | Assigned to Judiciary | 3/9/2005 | Senate | Postponed - Judiciary | 3/16/2005 | Senate | Postponed - Judiciary | 3/16/2005 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard | 3/16/2005 | Senate | Senate Committee Amendment No. 1 Referred to Rules | 3/17/2005 | Senate | Senate Committee Amendment No. 1 Rules Refers to Judiciary | 3/17/2005 | Senate | Senate Committee Amendment No. 1 Adopted | 3/17/2005 | Senate | Do Pass as Amended Judiciary; 010-000-000 | 3/17/2005 | Senate | Placed on Calendar Order of 2nd Reading April 6, 2005 | 4/13/2005 | Senate | Second Reading | 4/13/2005 | Senate | Placed on Calendar Order of 3rd Reading April 14, 2005 | 5/10/2005 | Senate | Motion Filed Sen. Louis S. Viverito; , Cullerton, Hendon, Petka and Roskam, Motion to Re-refer, pursuant to Senate Rule 3-7. Re-referred to the Senate Rules Committee. | 5/10/2005 | Senate | Motion Prevailed | 5/10/2005 | Senate | Re-referred to Rules | 1/9/2007 | Senate | Session Sine Die |
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