Full Text of SB1134 101st General Assembly
SB1134enr 101ST GENERAL ASSEMBLY |
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| 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 2-206 as follows:
| 6 | | (735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
| 7 | | Sec. 2-206.
Service by publication; affidavit; mailing;
| 8 | | certificate.
| 9 | | (a) Whenever, in any action affecting property or status | 10 | | within the
jurisdiction of the court, including an action to | 11 | | obtain the specific
performance, reformation, or rescission of | 12 | | a contract for the conveyance
of land, except for an action | 13 | | brought under Part 15 of Article XV of this Code that are | 14 | | subject to subsection (a-5), plaintiff or his or her
attorney | 15 | | shall file, at the office of the clerk of the court in which
| 16 | | the action is pending, an affidavit showing that the defendant | 17 | | resides
or has gone out of this State, or on due inquiry cannot | 18 | | be found, or is
concealed within this State, so that process | 19 | | cannot be served upon him or her,
and stating the place of | 20 | | residence of the defendant, if known, or that
upon diligent | 21 | | inquiry his or her place of residence cannot be ascertained, | 22 | | the
clerk shall cause publication to be made in some newspaper | 23 | | published in
the county in which the action is pending. If |
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| 1 | | there is no newspaper
published in that county, then the | 2 | | publication shall be in a newspaper
published in an adjoining | 3 | | county in this State, having a circulation in
the county in | 4 | | which action is pending. The publication shall contain
notice | 5 | | of the pendency of the action, the title of the court, the | 6 | | title
of the case, showing the names of the first named | 7 | | plaintiff and the
first named defendant, the number of the | 8 | | case, the names of the parties
to be served by publication, and | 9 | | the date on or after which default may
be entered against such | 10 | | party. The clerk shall also, within 10 days of the
first | 11 | | publication of the notice, send a copy thereof by mail, | 12 | | addressed
to each defendant whose place of residence is stated | 13 | | in such affidavit.
The certificate of the clerk that he or she | 14 | | has sent the copy in pursuance of
this Section is evidence that | 15 | | he or she has done so.
| 16 | | (a-5) If, in any action brought under Part 15 of Article XV | 17 | | of this Code, the plaintiff, or his or her attorney, shall | 18 | | file, at the office of the clerk of the court in which the | 19 | | action is pending, an affidavit showing that the defendant | 20 | | resides outside of or has left this State, or on due inquiry | 21 | | cannot be found, or is concealed within this State so that | 22 | | process cannot be served upon him or her, and stating the place | 23 | | of residence of the defendant, if known, or that upon diligent | 24 | | inquiry his or her place of residence cannot be ascertained, | 25 | | the plaintiff, or his or her representative, shall cause | 26 | | publication to be made in some newspaper published in the |
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| 1 | | county in which the action is pending. If there is no newspaper | 2 | | published in that county, then the publication shall be in a | 3 | | newspaper published in an adjoining county in this State, | 4 | | having a circulation in the county in which action is pending. | 5 | | The publication shall contain notice of the pendency of the | 6 | | action, the title of the court, the title of the case, showing | 7 | | the names of the first named plaintiff and the first named | 8 | | defendant, the number of the case, the names of the parties to | 9 | | be served by publication, and the date on or after which | 10 | | default may be entered against such party. It shall be the | 11 | | non-delegable duty of the clerk of the court, within 10 days of | 12 | | the first publication of the notice, to send a copy thereof by | 13 | | mail, addressed to each defendant whose place of residence is | 14 | | stated in such affidavit. The certificate of the clerk of the | 15 | | court that he or she has sent the copy in pursuance of this | 16 | | Section is evidence that he or she has done so. | 17 | | (b) In any action brought by a unit of local government to | 18 | | cause the
demolition, repair, or enclosure of a dangerous and | 19 | | unsafe or uncompleted
or abandoned building, notice by | 20 | | publication under this Section may be
commenced during the time | 21 | | during which attempts are made to locate the
defendant for | 22 | | personal service. In that case, the unit of local government
| 23 | | shall file with the clerk an affidavit stating that the action | 24 | | meets the
requirements of this subsection and that all required | 25 | | attempts are being
made to locate the defendant. Upon the | 26 | | filing of the affidavit, the clerk
shall cause publication to |
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| 1 | | be made under this Section. Upon completing the
attempts to | 2 | | locate the defendant required by this Section, the municipality
| 3 | | shall file with the clerk an affidavit meeting the requirements | 4 | | of
subsection (a). Service under this subsection shall not be | 5 | | deemed to have
been made until the affidavit is filed and | 6 | | service by publication in the
manner prescribed in subsection | 7 | | (a) is completed.
| 8 | | (Source: P.A. 87-1276.)
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