Full Text of HB0039 101st General Assembly
HB0039 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0039 Introduced 1/9/2019, by Rep. André Thapedi SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-607 | from Ch. 110, par. 2-607 |
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Amends the Code of Civil Procedure. Provides that if the pleader does not file and serve a bill of particulars within
28 days of the demand, or if the bill of particulars delivered is
insufficient, the court may, among other things, award attorney's fees and costs. Provides a 28-day deadline for moving that a demand for a bill of particulars be denied or modified.
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| | A BILL FOR |
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| | | HB0039 | | LRB101 04117 LNS 49125 b |
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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 2-607 as follows:
| 6 | | (735 ILCS 5/2-607) (from Ch. 110, par. 2-607)
| 7 | | Sec. 2-607. Bills of particulars. | 8 | | (a) Within the time a party is to
respond to a pleading, | 9 | | that party may, if allegations are so wanting in
details that | 10 | | the responding party should be entitled to a bill of
| 11 | | particulars, file and serve a notice demanding it. The notice | 12 | | shall point out
specifically the defects complained of or the | 13 | | details desired. The
pleader shall have 28 days to file and | 14 | | serve the bill of particulars, and
the party who requested the | 15 | | bill shall have 28 days to plead after being
served with the | 16 | | bill.
| 17 | | (b) If the pleader does not file and serve a bill of | 18 | | particulars within
28 days of the demand, or if the bill of | 19 | | particulars delivered is
insufficient, the court may, on motion | 20 | | and in its discretion, strike the
pleading, award attorney's | 21 | | fees and costs, allow further time to furnish the bill of | 22 | | particulars , or require
a more particular bill to be filed and | 23 | | served.
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| | | HB0039 | - 2 - | LRB101 04117 LNS 49125 b |
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| 1 | | (c) If a bill of particulars, in an action based on a | 2 | | contract,
contains the statement of items of indebtedness and | 3 | | is verified by oath,
the items thereof are admitted except in | 4 | | so far as the opposite party
files an affidavit specifically | 5 | | denying them, and as to each item denied
states the facts upon | 6 | | which the denial is based, unless the affidavit is
excused by | 7 | | the court.
| 8 | | (d) If the party on whom a demand for a bill of particulars | 9 | | has been
made believes that the party demanding it is not | 10 | | entitled to the
particulars asked for, he or she may , within 28 | 11 | | days of the demand, move the court that the demand be denied
or | 12 | | modified.
| 13 | | (Source: P.A. 86-646.)
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