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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(735 ILCS 5/2-213) (from Ch. 110, par. 2-213)
Sec. 2-213.
Waiver of service.
(a) Notice and request for waiver. A plaintiff may notify a defendant
of the commencement of an action and request that the defendant waive
service of a summons. The notice and request shall be in writing in a form
prescribed by Supreme Court rule. The notice and request shall:
(1) be addressed to an individual who is the | ||
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(2) be dispatched through first class U.S. mail or | ||
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(3) contain a copy of the complaint and identify the | ||
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(4) inform the defendant of the consequences of | ||
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(5) allow the defendant a reasonable time to return | ||
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(6) provide the defendant with an extra copy of the | ||
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(b) Limits on waiver. A defendant who waives service of a summons in
the manner provided in subsection (a) does not thereby waive any objection
to the venue or to the jurisdiction of the court over the person of the
defendant.
(c) Time to appear or answer. A defendant who returns a timely waiver
of service is not required to appear or serve an answer to the complaint
until (i) 60 days from the date on which the request for waiver of service
was sent or (ii) 90 days if the defendant was addressed outside of the
United States.
(d) Effect of filing. When a waiver of service is filed by the
plaintiff with the court, the action shall proceed as if a summons and
complaint had been served at the time of filing of the waiver, and no proof
of service shall be required.
(e) Right to refuse to waive service; effect of refusal. A defendant
may refuse to waive service of a summons. If a defendant does not return the
waiver provided for in subsection (a), the plaintiff must serve summons on
that defendant as otherwise provided by this Code and Supreme Court rules.
(Source: P.A. 87-352.)
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