HB1766 98TH GENERAL ASSEMBLY

LRB098 05711 HEP 35750 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1766

Introduced , by Rep. Tom Cross

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

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 2-801 as follows:

(735 ILCS 5/2-801) (from Ch. 110, par. 2-801)

Sec. 2-801. Prerequisites for the maintenance of a class action. An action may be maintained as a class action in any court of this State and and a party may sue or be sued as a representative party of the class only if the court finds:

(1) The class is so numerous that joinder of all members is impracticable.

(2) There are questions of fact or law common to the class, which common questions predominate over any questions affecting only individual members.

(3) The representative parties will fairly and adequately protect the interest of the class.

(4) The class action is an appropriate method for the fair and efficient adjudication of the controversy.

(Source: P.A. 82-280.)