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(735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
Sec. 2-301. Objections to jurisdiction over the person.
(a) Prior to the filing of any other pleading or motion
other than as set forth in subsection (a-6), a
party may
object to the court's jurisdiction over the party's person, either on the
ground
that
the party is not
amenable to process of a court of this State or on the ground of insufficiency
of process
or insufficiency of service of process, by filing a motion to dismiss the
entire
proceeding
or any cause of action involved in the proceeding or by filing a motion to
quash service of
process. Such a motion may be made singly or included with others in a
combined
motion, but the parts of a combined motion must be identified in the manner
described in
Section 2-619.1. Unless the facts that constitute the basis for the objection
are apparent
from papers already on file in the case, the motion must be supported by an
affidavit
setting forth those facts.
(a-5) (Blank).
(a-6) A party filing any other pleading or motion prior to the filing of a motion objecting to the court's jurisdiction over the party's person as set forth in subsection (a) waives all objections to the court's jurisdiction over the party's person prospectively, unless the initial motion filed is one of the following: (1) A motion for an extension of time to answer or |
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(2) A motion filed under Section 2-1301, 2-1401, or
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Any motion objecting to the court's jurisdiction over the party's person as set forth in subsection (a) shall be filed within 60 days of the court's order disposing of the initial motion filed under Section 2-1301, 2-1401, or 2-1401.1. Nothing in this subsection precludes a party from filing a motion under subsection (a) combined with a motion under Section 2-1301, 2-1401, or 2-1401.1. If such a combined motion is filed, any objection to the court's jurisdiction over the party's person is not waived.
(b) In disposing of a motion objecting to the
court's jurisdiction over the person
of the objecting
party, the court shall
consider all matters apparent from the papers on file in the case,
affidavits submitted by any party, and any evidence adduced upon
contested issues of fact.
The court shall enter an appropriate order sustaining or overruling the
objection.
No determination of any issue of fact in
connection with the objection is a determination of the merits of the
case or any aspect thereof. A decision adverse to the objector does not
preclude the objector from making any motion or defense which he or she might
otherwise
have made.
(c) Error in ruling against the objecting party on
the objection is
waived by the party's taking part in further proceedings unless the objection
is on the ground that the party
is not
amenable to process issued by a court of this State.
(Source: P.A. 100-291, eff. 1-1-18.)
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