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735 ILCS 5/13-217
(735 ILCS 5/13-217) (from Ch. 110, par. 13-217)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue. No action which is voluntarily dismissed by the plaintiff or
dismissed for want of prosecution by the court may be filed where the time for
commencing the action has expired.
This amendatory Act of 1995 applies to causes of action accruing on or
after
its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is voluntarily dismissed by the plaintiff, or the action is dismissed
for want of prosecution, or the action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or after the action is voluntarily dismissed by the
plaintiff, or the action is dismissed for want of prosecution, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue.
(Source: P.A. 87-1252.)
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