Full Text of SB1353 94th General Assembly
SB1353sam001 94TH GENERAL ASSEMBLY
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Sen. Frank C. Watson
Filed: 5/20/2005
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| AMENDMENT TO SENATE BILL 1353
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| AMENDMENT NO. ______. Amend Senate Bill 1353 by replacing | 3 |
| the title with the following: | 4 |
| "AN ACT concerning civil procedure."; and | 5 |
| by replacing everything after the enacting clause with the | 6 |
| following:
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| "Section 5. The Code of Civil Procedure is amended by | 8 |
| changing Sections 2-101, 2-102, 2-103, 2-104, 2-106, 2-107, | 9 |
| 2-109, 2-404, and 2-405 as follows:
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| (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
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| Sec. 2-101. Generally. Except as otherwise provided in this | 12 |
| Act, every action must be
commenced : (1) in the county of | 13 |
| residence of all defendants;
any defendant who is joined
in | 14 |
| good faith and with probable cause for the purpose of obtaining | 15 |
| a
judgment against him or her and not solely for the purpose of | 16 |
| fixing venue in
that county, or (2) in the county in which the | 17 |
| most significant act or omission or the most significant event | 18 |
| or transaction or some part
thereof occurred out of which the | 19 |
| cause of action arose ; or (3) in the county in which the most | 20 |
| significant act or omission or the most significant event or | 21 |
| transaction occurred out of which the cause of action arose, | 22 |
| where there is more than one defendant and the defendants | 23 |
| reside in different counties or outside this State .
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| If a check, draft, money order, or other instrument for the | 2 |
| payment of
child support payable to or delivered to the State | 3 |
| Disbursement Unit
established under Section 10-26 of the | 4 |
| Illinois Public Aid Code is returned by
the bank or depository | 5 |
| for any reason, venue for the enforcement of any
criminal | 6 |
| proceedings or civil cause of action for recovery and attorney | 7 |
| fees
shall be in the county where the principal office of the | 8 |
| State Disbursement
Unit is located.
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| If all defendants are nonresidents of the State, an action | 10 |
| may be
commenced in any county.
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| If the corporate limits of a city, village or town extend | 12 |
| into more
than one county, then the venue of an action or | 13 |
| proceeding
instituted by that
municipality to enforce any fine, | 14 |
| imprisonment, penalty or forfeiture
for violation of any | 15 |
| ordinance of that municipality,
regardless of the county in | 16 |
| which the violation was committed or occurred, may
be in the | 17 |
| appropriate court (i) in the county
wherein the office of the | 18 |
| clerk of the municipality is located
or (ii) in any county
in | 19 |
| which at least 35% of the territory within the municipality's | 20 |
| corporate
limits is located.
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| The changes made by this amendatory Act of the 94th General | 22 |
| Assembly apply to causes of action filed on or after its | 23 |
| effective date.
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| (Source: P.A. 91-212, eff. 7-20-99.)
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| (735 ILCS 5/2-102) (from Ch. 110, par. 2-102)
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| Sec. 2-102. Residence of corporations, voluntary | 27 |
| unincorporated associations
and partnerships defined.
For | 28 |
| purposes of venue, the following definitions apply:
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| (a) Any private corporation or railroad or bridge company, | 30 |
| organized
under the laws of this State, and any foreign | 31 |
| corporation authorized to
transact business in this State is a | 32 |
| resident of the county in which the corporation or company has | 33 |
| its principal place of business.
any county in which it
has its |
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| registered office or other office or is doing business. A
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| foreign corporation not authorized to transact business in this | 3 |
| State is
a nonresident of this State.
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| (b) A partnership sued in its firm name is a resident of | 5 |
| the county in which the partnership has its principal place of | 6 |
| business.
any county
in which any partner resides or in which | 7 |
| the partnership has an office
or is doing business. A | 8 |
| partnership sued in its firm name, of which all
partners are | 9 |
| nonresidents of this State and which does not have an
office or | 10 |
| do business in this State, is a nonresident of this State.
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| (c) A voluntary unincorporated association sued in its own | 12 |
| name is a
resident of the county in which the association has | 13 |
| its principal place of business.
any county in which the | 14 |
| association has an office or, if on
due inquiry no office can | 15 |
| be found, in which any officer of the association
resides. A | 16 |
| voluntary unincorporated association sued in its own name, of
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| which all its members are nonresidents of this State and which | 18 |
| does not
have an office or do business
in this State, is a | 19 |
| nonresident of this State.
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| (d) The changes made by this amendatory Act of the 94th | 21 |
| General Assembly apply to causes of action filed on or after | 22 |
| its effective date.
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| (Source: P.A. 83-901.)
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| (735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
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| Sec. 2-103. Public corporations - Local actions - Libel - | 26 |
| Insurance
companies .
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| (a) Actions must be brought against a public, municipal,
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| governmental or quasi-municipal corporation in the county in | 29 |
| which its
principal office is located or in the county in which | 30 |
| the most significant act or omission or the most significant | 31 |
| event or transaction
the transaction or
some part thereof
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| occurred out of which the cause of action arose.
Except as | 33 |
| otherwise provided in Section 7-102 of this Code, if the cause |
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| of
action is
related to an airport owned by a unit of local | 2 |
| government or the property or
aircraft
operations thereof, | 3 |
| however, including an action challenging the
constitutionality | 4 |
| of
this amendatory
Act of the 93rd General Assembly, the action | 5 |
| must be brought in the county in
which the
unit of local | 6 |
| government's principal office is located.
Actions to recover | 7 |
| damage to real estate
which may be overflowed or otherwise | 8 |
| damaged by reason of any act of the
corporation may be brought | 9 |
| in the county where the real estate or some
part of it is | 10 |
| situated, or in the county where the corporation is
located, at | 11 |
| the option of the party claiming to be injured.
Except as | 12 |
| otherwise provided in Section 7-102 of this Code, any cause of
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| action
that is related to an airport owned by a unit of local | 14 |
| government, and that is
pending on or after the effective date | 15 |
| of
this amendatory Act of the 93rd General Assembly in a county | 16 |
| other than the
county in which the
unit of local government's | 17 |
| principal office is located, shall be transferred,
upon motion | 18 |
| of any
party under Section 2-106 of this Code, to the county in | 19 |
| which the unit of
local government's
principal office is | 20 |
| located.
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| (b) Any action to quiet title to real estate, or to | 22 |
| partition or
recover possession thereof or to foreclose a | 23 |
| mortgage or other lien
thereon, must be brought in the county | 24 |
| in which the real estate or some
part of it is situated.
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| (c) Any action which is made local by any statute must be | 26 |
| brought in
the county designated in the statute.
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| (d) Every action against any owner, publisher, editor, | 28 |
| author or
printer of a newspaper or magazine of general | 29 |
| circulation for libel
contained in that newspaper or magazine | 30 |
| may be commenced only in the
county in which the defendant | 31 |
| resides or has his, her or its principal office
or in which the | 32 |
| article was composed or printed, except when the
defendant | 33 |
| resides or the article was printed without this State, in
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| either of which cases the action may be commenced in any county |
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| in which
the libel was circulated or published.
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| (e) The changes made by this amendatory Act of the 94th | 3 |
| General Assembly apply to causes of action filed on or after | 4 |
| its effective date.
Actions against any insurance company | 5 |
| incorporated under the law
of this State or doing business in | 6 |
| this State may also be brought in any
county in which the | 7 |
| plaintiff or one of the plaintiffs may reside.
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| (Source: P.A. 93-450, eff. 8-6-03.)
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| (735 ILCS 5/2-104) (from Ch. 110, par. 2-104)
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| Sec. 2-104. Wrong venue - More proper venue - Waiver - | 11 |
| Motion to transfer.
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| (a) No order or
judgment is void because rendered in the | 13 |
| wrong venue, except in case of
judgment by confession as | 14 |
| provided in subsection (c) of Section 2-1301 of
this Act. No | 15 |
| action shall abate or be dismissed because commenced in
the | 16 |
| wrong venue if there is a proper venue to which the cause may | 17 |
| be
transferred.
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| (b) If venue is improper in the county where the claim or | 19 |
| cause of action is filed, upon motion of any party, the claim | 20 |
| or cause of action shall be transferred to the county where | 21 |
| venue is proper. Where there are multiple claims or causes of | 22 |
| action and venue is improper for one or more of the claims or | 23 |
| causes of action, upon motion of any party, those claims or | 24 |
| causes of action shall be severed and transferred to the county | 25 |
| where venue is proper as to each such claim or cause of action. | 26 |
| If there is no proper venue for a claim or cause of action in | 27 |
| this State for any reason, the claim or cause of action shall | 28 |
| be dismissed without prejudice.
All objections of improper | 29 |
| venue are waived by a defendant
unless a motion to transfer to | 30 |
| a proper venue is made by the defendant on or
before the date | 31 |
| upon which he or she is required to appear or within any
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| further time that may be granted him or her to answer or move | 33 |
| with respect to
the complaint, except that if a defendant upon |
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| whose residence venue
depends is dismissed upon motion of | 2 |
| plaintiff, a remaining defendant may
promptly move for transfer | 3 |
| as though the dismissed defendant had not
been a party.
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| (b-3) When venue is based on the defendant's or defendants' | 5 |
| residence, and additional defendants or third party defendants | 6 |
| are added to the claim or cause of action, venue remains proper | 7 |
| only if all defendants and third party defendants are residents | 8 |
| of the county where the claim or cause of action is filed. If | 9 |
| the additional defendants or third party defendants are not | 10 |
| residents of the same county, upon motion of any party, the | 11 |
| claim or cause of action shall be transferred to the county | 12 |
| where the most significant act or omission or the most | 13 |
| significant event or transaction occurred out of which the | 14 |
| cause of action arose. If there is no proper venue in this | 15 |
| State for any reason, the claim or cause of action shall be | 16 |
| dismissed without prejudice.
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| (b-5) If a court, on its own or upon motion by any party, | 18 |
| finds that in the interest of justice and for the convenience | 19 |
| of the parties and witnesses: (i) a claim or cause of action | 20 |
| would be more properly heard in a forum outside this State, the | 21 |
| court shall dismiss the claim or cause of action; or (ii) a | 22 |
| claim or cause of action would be more properly heard in a | 23 |
| different county of proper venue within this State, the court | 24 |
| shall order the claim or cause of action transferred to the | 25 |
| more proper county. | 26 |
| In determining whether to dismiss or transfer an action | 27 |
| under this subsection, the court shall consider the following | 28 |
| factors:
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| (1) the convenience of the parties, including | 30 |
| unnecessary expense to a defendant not necessary to the | 31 |
| plaintiffs cause of action;
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| (2) the unfairness of imposing trial costs and jury | 33 |
| duty on citizens of a county with little connection to the | 34 |
| action;
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| (3) administrative difficulties that arise from | 2 |
| congested venues;
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| (4) the ease of access to sources of testimonial, | 4 |
| documentary, and real evidence;
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| (5) the availability to secure attendance of unwilling | 6 |
| witnesses with compulsory process;
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| (6) the cost to procure the attendance of willing | 8 |
| witnesses;
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| (7) the possibility of viewing of the premises, if | 10 |
| viewing would be appropriate to the action; and
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| (8) the court can reasonably conclude that the | 12 |
| plaintiff engaged in forum shopping.
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| (b-7) A court may not dismiss a claim or cause of action | 14 |
| under this Section until the defendant files with the court or | 15 |
| with the clerk of the court a written stipulation that, with | 16 |
| respect to a new claim or cause of action commenced by the | 17 |
| plaintiff, the defendant waives the right to assert a statute | 18 |
| of limitations defense in all other states of the United States | 19 |
| in which the claim or cause of action was not barred by | 20 |
| limitations at the time the claim or cause of action was filed | 21 |
| in this State as necessary to effect a tolling of the | 22 |
| limitations periods in those states for a period of 90 days | 23 |
| following the dismissal of the claim or cause of action. In any | 24 |
| civil action where more than one defendant or third party | 25 |
| defendant is named, any defendant or third party defendant that | 26 |
| files the required stipulation with the court or the clerk of | 27 |
| the court shall be dismissed from the civil action independent | 28 |
| of any other defendant or third party defendant.
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| (b-9) To comply with subsection (b) of this Section in | 30 |
| relation to an action that involves both claims that would and | 31 |
| would not be more properly heard in a forum outside this State | 32 |
| or in a different county within this State, a court shall | 33 |
| consider each claim individually and shall sever from the | 34 |
| action the claims that are subject to subsection (b) of this |
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| Section.
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| (c) Motions to dismiss or for transfer to a proper venue | 3 |
| may be supported and
opposed by affidavit. In determining | 4 |
| issues of fact raised by
affidavits, any competent evidence | 5 |
| adduced by the parties shall also be
considered. The | 6 |
| determination of any issue of fact in connection with a
motion | 7 |
| to transfer does not constitute a determination of the merits | 8 |
| of
the case or any aspect thereof.
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| (d) The changes made by this amendatory Act of the 94th | 10 |
| General Assembly apply to causes of action filed on or after | 11 |
| its effective date.
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| (Source: P.A. 83-707.)
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| (735 ILCS 5/2-106) (from Ch. 110, par. 2-106)
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| Sec. 2-106. Transfer. (a) Transfer for wrong venue. If a | 15 |
| motion to
transfer is allowed on the ground that the action was | 16 |
| commenced in a
wrong venue, the cause shall be transferred to | 17 |
| the court in a proper
venue, subject to any equitable terms and | 18 |
| conditions that may be
prescribed.
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| (b) Method of transfer. The clerk of the court from which a
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| transfer is granted shall immediately certify and transmit to | 21 |
| the clerk
of the court to which the transfer is ordered the | 22 |
| originals of all
papers filed in the case together with copies | 23 |
| of all orders entered
therein. In the event of a severance, | 24 |
| certified copies of papers filed
and orders entered shall be | 25 |
| transmitted. The clerk of the court to
which the transfer is | 26 |
| ordered shall file the papers and transcript
transmitted to him | 27 |
| or her and docket the case, and the action shall proceed and
be | 28 |
| determined as if it had originated in that court.
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| The changes made by this amendatory Act of the 94th General | 30 |
| Assembly apply to causes of action filed on or after its | 31 |
| effective date.
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| (Source: P.A. 82-280.)
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| (735 ILCS 5/2-107) (from Ch. 110, par. 2-107)
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| Sec. 2-107. Costs and expenses of transfer. The costs | 3 |
| attending a transfer shall be taxed by the clerk of the
court | 4 |
| from which the transfer is granted, and, together with the | 5 |
| filing
fee in the transferee court, shall be paid by plaintiff , | 6 |
| unless otherwise ordered by the court . If the court
granting | 7 |
| the transfer finds that venue was fixed by plaintiff in bad
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| faith and without probable cause, then it may order the | 9 |
| reasonable
expenses of defendant in attending and obtaining a | 10 |
| transfer to a proper
venue, including a reasonable attorney's | 11 |
| fee, to be paid by plaintiff.
If the costs and expenses are not | 12 |
| paid within a reasonable time, the
transferring court shall on | 13 |
| motion dismiss the action or take such other action as it deems | 14 |
| appropriate .
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| The changes made by this amendatory Act of the 94th General | 16 |
| Assembly apply to causes of action filed on or after its | 17 |
| effective date.
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| (Source: P.A. 82-280.)
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| (735 ILCS 5/2-404) (from Ch. 110, par. 2-404)
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| Sec. 2-404. Joinder of plaintiffs. All persons may join in | 21 |
| one action as plaintiffs,
in whom any right to relief in | 22 |
| respect of or arising out of the same
transaction or series of | 23 |
| transactions is alleged to exist, whether
jointly, severally or | 24 |
| in the alternative, whenever if those persons had
brought | 25 |
| separate actions any common question of law or fact would | 26 |
| arise.
Where more than one plaintiff is joined, each plaintiff | 27 |
| shall independently establish proper venue, and it is not | 28 |
| sufficient that venue is proper for other plaintiffs joined in | 29 |
| the civil action. If upon the application of any party it shall | 30 |
| appear that
joinder may embarrass or delay the trial of the | 31 |
| action, the court may
order separate trials or enter any other | 32 |
| order that may be expedient.
Judgment may be entered for any | 33 |
| one or more of the plaintiffs who may be
found to be entitled |
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| to relief, for the relief to which he or she or they may
be | 2 |
| entitled.
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| If any one who is a necessary plaintiff, counterclaimant or
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| third-party plaintiff declines to join, he or she may be made a | 5 |
| defendant,
cross defendant or third-party defendant, as the | 6 |
| case may be, the reason
therefor being stated in the complaint, | 7 |
| counterclaim or third-party
complaint.
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| The changes made by this amendatory Act of the 94th General | 9 |
| Assembly apply to causes of action filed on or after its | 10 |
| effective date.
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| (Source: P.A. 83-707.)
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| (735 ILCS 5/2-405) (from Ch. 110, par. 2-405)
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| Sec. 2-405. Joinder of defendants. (a) Any person may be | 14 |
| made a defendant who, either jointly,
severally or in the | 15 |
| alternative, is alleged to have or claim an interest
in the | 16 |
| controversy, or in any part thereof, or in the transaction or
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| series of transactions out of which the controversy arose, or | 18 |
| whom it is
necessary to make a party for the complete | 19 |
| determination or settlement
of any question involved therein, | 20 |
| or against whom a liability is
asserted either jointly, | 21 |
| severally or in the alternative arising out of
the same | 22 |
| transaction or series of transactions, regardless of the number
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| of causes of action joined.
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| (b) Where more than one defendant or third party defendant | 25 |
| is named, venue must be proper as to each defendant, and it is | 26 |
| not sufficient that venue is proper for other defendants or | 27 |
| third party defendants joined in the civil action. It is not | 28 |
| necessary that each defendant be interested as to all
the | 29 |
| relief prayed for, or as to every cause of action included in | 30 |
| any
proceeding against him or her; but the court may make any | 31 |
| order that may be
just to prevent any defendant from being | 32 |
| embarrassed or put to expense
by being required to attend any | 33 |
| proceedings in which such defendant may have no
interest.
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| (c) If the plaintiff is in doubt as to the person from whom | 2 |
| he or she is
entitled to redress, he or she may join two or more | 3 |
| defendants if venue is proper as to each , and state his or her
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| claim against them in the alternative in the same count or | 5 |
| plead
separate counts in the alternative against different | 6 |
| defendants, to the
intent that the question which, if any, of | 7 |
| the defendants is liable, and
to what extent, may be determined | 8 |
| as between the parties.
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| (d) Where multiple claims or causes of action are combined | 10 |
| in a single lawsuit, venue must be proper as to each separate | 11 |
| claim or cause of action.
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| (e) The changes made by this amendatory Act of the 94th | 13 |
| General Assembly apply to causes of action filed on or after | 14 |
| its effective date.
| 15 |
| (Source: P.A. 82-280.)
| 16 |
| (735 ILCS 5/2-105 rep.) (from Ch. 110, par. 2-105)
| 17 |
| (735 ILCS 5/2-108 rep.) (from Ch. 110, par. 2-108)
| 18 |
| Section 10. The Code of Civil Procedure is amended by | 19 |
| repealing Sections 2-105 and 2-108. | 20 |
| Section 15. Severability. If any provision of this | 21 |
| amendatory Act of the 94th General Assembly or its application | 22 |
| to any person or circumstance is held invalid, the invalidity | 23 |
| of that provision or application does not affect other | 24 |
| provisions or applications that can be given effect without the | 25 |
| invalid provision or application.
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law.".
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