(735 ILCS 5/Art. XIII Pt. 2 heading) Part 2.
Personal Actions
|
(735 ILCS 5/13-201) (from Ch. 110, par. 13-201)
Sec. 13-201.
Defamation - Privacy.
Actions for slander, libel or for
publication of matter
violating the right of privacy, shall be commenced within one year next
after the cause of action accrued.
(Source: P.A. 82-280.)
|
(735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
Sec. 13-202. Personal injury - Penalty. Actions for damages for an injury
to the person, or for
false imprisonment, or malicious prosecution, or for a statutory
penalty, or for abduction, or for seduction, or for criminal
conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of
a Class X felony and the perpetrator thereof is convicted of such crime,
shall be commenced within 2 years next after the cause
of action accrued but such an action against a defendant arising from a
crime committed by the defendant in whose name an escrow account was established
under the "Criminal Victims' Escrow Account Act" shall be commenced within
2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the
2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.
(Source: P.A. 99-90, eff. 1-1-16 .)
|
(735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
Sec. 13-202.1. No limitations on certain actions - Duties of Department
of Corrections and State's Attorneys. (a) Notwithstanding any other provision
of law, any action for damages against a person, however the action may
be designated, may be brought at any time if --
(1) the action is based upon conduct of a person | ||
| ||
(2) the person was convicted of the first degree | ||
| ||
(b) The provisions of this Section are fully applicable to convictions
based upon defendant's accountability under Section 5-2 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(c) Paragraphs (a) and (b) above shall apply to any cause of action
regardless of the date on which the defendant's conduct is alleged to have
occurred or of the date of any conviction resulting therefrom. In
addition, this Section shall be applied retroactively and shall revive
causes of actions which otherwise may have been barred under limitations
provisions in effect prior to the enactment and/or effect of P.A. 84-1450.
(d) Whenever there is any settlement, verdict or judgment in excess
of $500 in any court against the Department of Corrections or any past or
present employee or official in favor of any person for damages incurred while
the person was committed to the Department of Corrections, the Department
within 14 days of the settlement, verdict or judgment shall notify the State's
Attorney of the county from which the person was committed to the Department.
The State's Attorney shall in turn within 14 days after receipt of the notice send the same notice to the
person or persons who were the victim or victims of the crime for which the
offender was committed, at their last known address, along with the information that the victim or victims
should contact a private attorney to advise them of their rights under the law. (e) Whenever there is any settlement, verdict or judgment in excess of $500 in any court against any county or county sheriff or any past or present employee or official in favor of any person for damages incurred while the person was incarcerated in any county jail, the county or county sheriff, within 14 days of the settlement, verdict or judgment shall notify the State's Attorney of the county from which the person was incarcerated in the county jail. The State's Attorney shall within 14 days of receipt of the notice send the same notice to the person or persons who were the victim or victims of the crime for which the offender was committed, at their last known address, along with the information that the victim or victims should contact a private attorney to advise them of their rights under the law.
(f) No civil action may be brought by anyone against the Department of
Corrections, a State's Attorney, a County, a county sheriff, or any past or present employee or
agent thereof for any alleged violation by any such entity or person of the
notification requirements imposed by paragraph (d) or (e).
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
Sec. 13-202.2. Childhood sexual abuse.
(a) In this Section:
"Childhood sexual abuse" means an act of sexual
abuse that occurs when the person abused is under 18 years of age.
"Sexual abuse" includes but is not limited to sexual conduct and sexual
penetration as defined in Section 11-0.1 of the Criminal Code of 2012.
(b) Notwithstanding any other provision of law, an action for damages
for personal injury based on childhood sexual
abuse must be commenced within 20 years of the date the limitation period
begins to run under subsection (d) or within 20 years of
the date the person abused
discovers or through the use of reasonable diligence should discover both
(i) that
the act of childhood sexual abuse occurred and (ii) that the injury was
caused
by the childhood sexual abuse.
The fact that the person abused discovers or through the use of reasonable
diligence should discover that the act of childhood sexual abuse occurred is
not, by itself, sufficient to start the discovery period under this subsection
(b). Knowledge of the abuse does not constitute discovery of the injury
or the causal relationship between any later-discovered injury and the abuse.
(c) If the injury is caused by 2 or more acts of childhood sexual
abuse that are part of a continuing series of acts of childhood sexual
abuse by the same abuser, then the discovery period under subsection
(b) shall be computed from the date the person abused discovers or through
the use of reasonable diligence should discover both (i) that the last act
of
childhood sexual abuse in the continuing series occurred and (ii) that the
injury was caused by any act of childhood sexual abuse in the continuing
series.
The fact that the person abused discovers or through the use of reasonable
diligence should discover that the last act of childhood sexual abuse in the
continuing series occurred is not, by itself, sufficient to start the discovery
period under subsection (b). Knowledge of the abuse does not constitute
discovery of the injury
or the causal relationship between any later-discovered injury and the abuse.
(d) The limitation periods under subsection (b) do not begin to run
before the person abused attains the age of 18 years; and, if at the time
the person abused attains the age of 18 years he or she is under other
legal disability, the limitation periods under subsection (b) do not begin
to run until the removal of the disability.
(d-1) The limitation periods in subsection (b) do not run during a time
period
when the person abused is subject to threats, intimidation,
manipulation, fraudulent concealment, or fraud perpetrated by the abuser or by any person acting in the
interest of the abuser.
(e) This Section applies to actions pending on the effective date of
this amendatory Act of 1990 as well as to actions commenced on or after
that date. The changes made by this amendatory Act of 1993 shall apply only
to actions commenced on or after the effective date of this amendatory Act of
1993.
The changes made by this amendatory Act of the 93rd General Assembly apply to
actions pending on the effective date
of this amendatory Act of the 93rd General
Assembly as well as actions commenced on or after that date. The changes made by this amendatory Act of the 96th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 96th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 96th General Assembly.
(f) Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 98th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 98th General Assembly. (Source: P.A. 101-435, eff. 8-20-19.)
|
(735 ILCS 5/13-202.3) Sec. 13-202.3. For an action arising out of an injury caused by "sexual conduct" or "sexual penetration" as defined in Section 11-0.1 of the Criminal Code of 2012, the limitation period in Section 13-202 does not run during a time period when the person injured is subject to threats, intimidation, manipulation, or fraud perpetrated by the perpetrator or by a person the perpetrator knew or should have known was acting in the interest of the perpetrator. This Section applies to causes of action arising on or after the effective date of this amendatory Act of the 95th General Assembly or to causes of action for which the limitation period has not yet expired.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(735 ILCS 5/13-203) (from Ch. 110, par. 13-203)
Sec. 13-203.
Loss of consortium - Injury to person.
Actions for damages
for loss of consortium or other
actions, including actions for the medical expenses of minors or persons
under legal disability, deriving from injury to the person of another, except
damages
resulting from first degree murder or the commission of a Class X
felony, shall be commenced
within the same period of time as actions for damages for injury to such
other person.
Where the time in which the cause of action of the injured person whose
injuries give rise to the cause of action brought under this Section is
tolled or otherwise extended by any other Section of this Act, including
Sections 13-211, 13-212 and 13-215, the time in which the cause of action
must be brought under this Section is also tolled or extended to coincide
with the period of time in which the injured person must commence his or
her cause of action.
(Source: P.A. 88-22.)
|
(735 ILCS 5/13-203.1) (from Ch. 110, par. 13-203.1)
Sec. 13-203.1.
Loss of means of support or parental
relationships. Actions
for damages for loss of means of support or loss of parental or in loco
parentis relationships sustained by a minor resulting from an injury described
in Section 13-214.1 may be commenced no later than 10 years
after the person
who inflicted such injury has completed his sentence therefor.
(Source: P.A. 84-1043.)
|
(735 ILCS 5/13-204) (from Ch. 110, par. 13-204)
Sec. 13-204.
Contribution and indemnity.
(a) In instances where no underlying action seeking recovery for injury to
or death of a person or injury or damage to property has been filed by a
claimant, no action for contribution or indemnity may be commenced with respect
to any payment made to that claimant more than 2 years after the party seeking
contribution or indemnity has made the payment in discharge of his or her
liability to the claimant.
(b) In instances where an underlying action has been filed by a claimant, no
action for contribution or indemnity may be commenced more than 2 years after
the party seeking contribution or indemnity has been served with process in the
underlying action or more than 2 years from the time the party, or his or her
privy, knew or should reasonably have known of an act or omission giving rise
to the action for contribution or indemnity, whichever period expires later.
(c) The applicable limitations period contained in subsection (a) or (b)
shall apply to all actions for contribution or indemnity and shall preempt, as
to contribution and indemnity actions only, all other statutes of limitation or
repose, but only to the extent that the claimant in an underlying action could
have timely sued the party from whom contribution or
indemnity is sought at the time such claimant filed the underlying action, or
in instances where no underlying action has been filed, the payment in
discharge of the obligation of the party seeking contribution or indemnity is
made before any such underlying action would have been barred by lapse of
time.
(d) The provisions of this Section, as amended by Public Act 88-538, shall be applied
retroactively when substantively applicable, including all pending actions
without regard to when the cause of action accrued; provided,
however, that this amendatory Act of 1994 shall not operate to affect statutory
limitations or repose rights of any party which have fully vested prior to its
effective date.
(e) The provisions of this Section shall not apply to any action for
damages in which contribution or indemnification is sought from a party who is
alleged to have been negligent and whose negligence has been alleged to have
resulted in injuries or death by reason of medical or other healing art
malpractice.
(Source: P.A. 88-538; 89-626, eff. 8-9-96.)
|
(735 ILCS 5/13-205) (from Ch. 110, par. 13-205)
Sec. 13-205.
Five year limitation.
Except as provided in Section 2-725
of the "Uniform
Commercial Code", approved July 31, 1961, as amended, and Section 11-13
of "The Illinois Public Aid Code", approved April 11, 1967, as amended,
actions on unwritten contracts, expressed or implied, or on awards of
arbitration, or to recover damages for an injury done to property, real
or personal, or to recover the possession of personal property or
damages for the detention or conversion thereof, and all civil actions
not otherwise provided for, shall be commenced within 5 years next after
the cause of action accrued.
(Source: P.A. 82-280.)
|
(735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
Sec. 13-206. Ten year limitation. Except as provided in Section 2-725
of the "Uniform
Commercial Code", actions on bonds, promissory notes, bills of exchange,
written leases,
written contracts, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall
be commenced within 10 years next after the cause of action accrued; but
if any payment or new promise to pay has been made, in writing,
on any bond, note, bill, lease, contract, or other written evidence of
indebtedness, within or after the period of 10 years, then an action may
be commenced thereon at any time within 10 years after the time of such
payment or promise to pay.
For purposes of this Section, with regard to promissory notes dated on or
after the effective date of this amendatory Act of 1997, a cause of action on a
promissory note payable at a definite date accrues on the due date or date
stated in the promissory note or the date upon which the promissory note is
accelerated. With respect to a demand promissory note dated on or after the
effective date of this amendatory Act of 1997, if a demand for payment is made
to
the maker of the demand promissory note, an action to enforce the obligation of
a party to pay the
demand promissory note must be commenced within 10 years after the demand. An
action to enforce a demand
promissory note is barred if neither principal nor interest on the demand
promissory note has been paid for a continuous period of 10 years and no demand
for payment has been made to the maker during that period.
(Source: P.A. 95-209, eff. 8-16-07.)
|
(735 ILCS 5/13-207) (from Ch. 110, par. 13-207)
Sec. 13-207. Counterclaim or set-off. A defendant may plead
a set-off or counterclaim barred by
the statute of limitation or the statute of repose, while held and owned by him or her, to any action,
the cause of which was owned by the plaintiff or person under whom he
or she claims, before such set-off or counterclaim was so barred, and not
otherwise. This section shall not affect the right of a bona
fide assignee of a negotiable instrument assigned before due. The changes made to this Section by this amendatory Act of the 102nd General Assembly apply to claims initiated on or after the effective date of this amendatory Act of the 102nd General Assembly and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period.
(Source: P.A. 102-908, eff. 5-27-22.)
|
(735 ILCS 5/13-208) (from Ch. 110, par. 13-208)
Sec. 13-208.
Absence from State.
(a) If, when the cause of action accrues
against a person, he or she is out of
the state, the action may be commenced within the times herein limited,
after his or her coming into or return to the state; and if, after the cause of
action accrues, he or she departs from and resides out of the state, the time
of his or her absence is no part of the time limited for the commencement of
the action.
(b) For purposes of subsection (a) of this
Section no person shall be considered to be out of the State or to have
departed from the State or to reside outside of the State during any
period when he or she is subject to the jurisdiction of the courts of this
State with respect to that cause of action pursuant to Sections 2-208 and
2-209 of this Act, Section 10-301 of "The Illinois Vehicle
Code", Section 5.25 of the "Business Corporation Act of 1983", or any other
statute authorizing service of process which would subject that person
to the jurisdiction of the courts of this State. If a person files an
action in a court of this State and attempts to secure service of
process upon a defendant pursuant to a statute referred to in the
preceding sentence, but does not obtain service of process upon such
defendant, such defendant shall not be considered to be subject to the
jurisdiction of the courts of this State at the time such action was
filed, for purposes of the preceding sentence of this section.
This subsection (b) of Section 13-208 of this Act shall
apply only to actions commenced after October 1, 1973.
(Source: P.A. 83-1362.)
|
(735 ILCS 5/13-209) (from Ch. 110, par. 13-209)
Sec. 13-209.
Death of party.
(a) If a person entitled to bring an
action dies before the
expiration of the time limited for the commencement thereof, and the
cause of action survives:
(1) an action may be commenced by his or her | ||
| ||
(2) if no petition for letters of office for the | ||
| ||
(b) If a person against whom an
action may be brought dies before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred:
(1) an action may be commenced against his or her | ||
| ||
(2) if no petition has been filed for letters of | ||
| ||
(c) If a party commences an action against a deceased person whose
death is unknown to the party before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred, the action may be commenced against the deceased person's
personal representative if all of the following terms and conditions are met:
(1) After learning of the death, the party proceeds | ||
| ||
(2) The party proceeds with reasonable diligence to | ||
| ||
(3) If process is served more than 6 months after the | ||
| ||
(4) In no event can a party commence an action under | ||
| ||
(Source: P.A. 90-111, eff. 7-14-97.)
|
(735 ILCS 5/13-210) (from Ch. 110, par. 13-210)
Sec. 13-210.
Foreign limitation.
When a cause of action has arisen in a
state or territory
out of this State, or in a foreign country, and, by the laws thereof, an
action thereon cannot be maintained by reason of the lapse of time, an
action thereon shall not be maintained in this State.
(Source: P.A. 83-707.)
|
(735 ILCS 5/13-211) (from Ch. 110, par. 13-211)
Sec. 13-211. Minors and persons under legal disability. (a) If the person
entitled to bring an action, specified in Sections 13-201 through 13-210
of this Code, at the time the cause of action accrued, is under the age of
18 years or is under a legal disability, then he or she may bring the
action within 2 years after the person attains the age of 18 years, or the
disability is removed. (b) If the person
entitled to bring an action specified under Sections 13-201 through 13-210
of this Code is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (b) does not invalidate any statute of repose provisions contained in Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3,
13-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of
this Code. In no event shall the period of limitations for a
cause of action under Section 13-205 or 13-206 of this Code be
stayed in excess of 10 years from the date of the adjudication
of legal disability. This subsection (b) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1077, eff. 1-1-15 .)
|
(735 ILCS 5/13-212) (from Ch. 110, par. 13-212)
Sec. 13-212. Physician or hospital.
(a) Except as provided in Section
13-215 or 13-215.1 of this Act, no action for damages for injury or death against any
physician, dentist, registered nurse or hospital duly licensed under
the laws of this State, whether based upon tort, or breach of contract, or
otherwise, arising out of patient care shall be brought more than 2 years
after the date on which the claimant knew, or through the use of reasonable
diligence should have known, or received notice in writing of the existence
of the injury or death for which damages are sought in the action,
whichever of such date occurs first, but in no event shall such action be
brought more than 4 years after the date on which occurred the act or
omission or occurrence alleged in such action to have been the cause of
such injury or death.
(b) Except as provided in Section 13-215 or 13-215.1 of this Act, no action for
damages for injury or death against any physician, dentist, registered
nurse or hospital duly licensed under the laws of this State, whether based
upon tort, or breach of contract, or otherwise, arising out of patient care
shall be brought more than 8 years after the date on which
occurred the act or omission or occurrence alleged in such action to have
been the cause of such injury or death where the person entitled to bring
the action was, at the time the cause of action accrued, under the age of
18 years; provided, however, that in no event may the cause of action be
brought after the person's 22nd birthday. If the person was under the age
of 18 years when the cause of action accrued and, as a result of this
amendatory Act of 1987, the action is either barred or there remains less
than 3 years to bring such action, then he or she may bring the action
within 3 years of July 20, 1987.
(c) If the person entitled to bring an action
described in this Section is, at the time the cause
of action accrued, under a legal disability other than being under
the age of 18 years, then the period of limitations does
not begin to run until the disability is removed. (d) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (d) does not invalidate any statute of repose provisions contained in this Section. This subsection (d) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 103-478, eff. 1-1-24 .)
|
(735 ILCS 5/13-213) (from Ch. 110, par. 13-213)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability; statute of repose.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | ||
| ||
(2) "Product" means any tangible object or goods | ||
| ||
(3) "Product liability action" means any action based | ||
| ||
(4) "Seller" means one who, in the course of a | ||
| ||
(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on any theory or doctrine shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on any theory or doctrine to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making, | ||
| ||
(2) the action commenced within the applicable | ||
| ||
(3) when the injury or damage is claimed to have | ||
| ||
(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on any theory or
doctrine to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(h) 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. 13-213.
Product liability.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | ||
| ||
(2) "Product" means any tangible object or goods | ||
| ||
(3) "Product liability action" means any action based | ||
| ||
(4) "Seller" means one who, in the course of a | ||
| ||
(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on the doctrine of strict
liability in tort shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on the doctrine of strict
liability in tort to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making, | ||
| ||
(2) the action commenced within the applicable | ||
| ||
(3) when the injury or damage is claimed to have | ||
| ||
(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on the
doctrine of
strict liability in tort to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(Source: P.A. 85-907; 86-1329.)
|
(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
Sec. 13-214. Construction; design management and supervision. As used
in this Section, "person" means any individual, any business or legal entity,
or any body politic.
(a) Actions based upon tort, contract or otherwise against any person
for an act or omission of such person in the design, planning, supervision,
observation or management of construction, or construction of an
improvement to real property shall be commenced within 4 years from the
time the person bringing an action, or his or her privity, knew or should
reasonably have known of such act or omission. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(b) No action based upon tort, contract or otherwise may be brought against
any person for an act or omission of such person in the design, planning,
supervision, observation or management of construction, or construction
of an improvement to real property after 10 years have elapsed from the
time of such act or omission. However, any person who discovers such act or
omission prior to expiration of 10 years from the time of such act or
omission shall in no event have less than 4 years to bring an action as
provided in subsection (a) of this Section. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(c) If a person otherwise entitled to bring an action could not have
brought such action within the limitation periods herein solely because
such person was under the age of 18 years, or a person with a developmental
disability or a person with mental illness, then the limitation periods herein
shall not begin to run until the person attains the age of 18 years, or the
disability is removed.
(d) Subsection (b) shall not prohibit any action against a defendant who
has expressly warranted or promised the improvement to real property for
a longer period from being brought within that period.
(e) The limitations of this Section shall not apply to causes of action
arising out of fraudulent misrepresentations or to fraudulent concealment
of causes of action.
(f) Subsection (b) does not apply to an action that is based on personal
injury, disability, disease, or death resulting from the discharge into the
environment of asbestos.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(735 ILCS 5/13-214.1) (from Ch. 110, par. 13-214.1)
Sec. 13-214.1. Action for damages involving criminal
acts. (a) Actions for damages for an injury described in Section 13-202
or Section 13-203 arising out of first degree murder or the commission of
a Class X felony
by the person against whom the action is brought may be commenced no later
than 10 years after the person who inflicted such injury has completed his
or her sentence therefor.
(b) For an action for damages arising out of: theft of property exceeding $100,000 in value under Section 16-1 of the Criminal Code of 2012; identity theft under subsection (a) of Section 16-30 of the Criminal Code of 2012; aggravated identity theft under subsection (b) of Section 16-30 of the Criminal Code of 2012; financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 2012; or any offense set forth in Article 16H or Section 17-10.6 of the Criminal Code of 2012, the action may be commenced within 10 years of the last act committed in furtherance of the crime. However, if any other provision of law provides for a longer limitation period, then the longer limitation period applies. (Source: P.A. 101-136, eff. 7-26-19.)
|
(735 ILCS 5/13-214.2) (from Ch. 110, par. 13-214.2)
Sec. 13-214.2.
(a) Actions based upon tort, contract or otherwise
against any person, partnership or corporation registered pursuant to the
Illinois Public Accounting Act, as amended, or any of its employees,
partners, members, officers or shareholders, for an act or omission in the
performance of professional services shall be commenced within 2 years from
the time the person bringing an action knew or should reasonably have known
of such act or omission.
(b) In no event shall such action be brought more than 5 years after the
date on which occurred the act or omission alleged in such action to have
been the cause of the injury to the person bringing such action against a
public accountant. Provided, however, that in the event that an income tax
assessment is made or criminal prosecution is brought against a person,
that person may bring an action against the public accountant who prepared
the tax return within two years from the date of the assessment or
conclusion of the prosecution.
(c) If a person entitled to bring the action is, at the time the cause
of action accrues, under the age of 18, or under a legal disability,
the period of limitations shall not begin to run until the disability
is removed.
(d) This Section shall apply to all causes of action which accrue on or
after its effective date.
(Source: P.A. 85-655; 86-1329.)
|
(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
Sec. 13-214.3. Attorneys.
(a) In this Section: "attorney" includes (i) an individual attorney,
together with his or her employees who are attorneys, (ii) a professional
partnership of attorneys, together with its employees, partners, and
members who are attorneys, and (iii) a professional service corporation of
attorneys, together with its employees, officers, and shareholders who are
attorneys; and "non-attorney employee" means a person who is not an
attorney but is employed by an attorney.
(b) An action for damages based on tort, contract, or otherwise (i)
against an attorney arising out of an act or omission in the performance of
professional services or (ii) against a non-attorney employee arising out
of an act or omission in the course of his or her employment by an attorney
to assist the attorney in performing professional services
must be commenced within 2 years from
the time the person bringing the action knew or reasonably should have
known of the injury for which damages are sought.
(c) Except as provided in subsection (d), an action described in
subsection (b) may not be commenced in any event more than 6 years after
the date on which the act or omission occurred.
(d) When the injury caused by the act or omission does not
occur until
the death of the person for whom the professional services were rendered,
the action may be commenced within 2 years after the date of the person's
death unless letters of office are issued or the person's will is admitted
to probate within that 2 year period, in which case the action must be
commenced within the time for filing claims against the estate or a
petition contesting the validity of the will of the deceased person,
whichever is later, as provided in the Probate Act of 1975. An action may not be commenced in any event more than 6 years after the date the professional services were performed.
(e) If the person entitled to bring the action is under the age of
majority or under other legal disability at the time the cause of action
accrues, the period of limitations shall not begin to run until majority is
attained or the disability is removed. (f) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (f) does not invalidate any statute of repose provisions contained in this Section. This subsection (f) applies to actions commenced or pending on or after January 1, 2015 (the effective date of Public Act 98-1077).
(g) This Section applies to any cause of action, regardless of the date the cause of action arises. This Section, however, does not bar the filing of an action based on the performance of professional services before the effective date of this amendatory Act of the 102nd General Assembly if the action is timely filed under the version of this Section in effect on January 1, 2021, and is filed within a reasonable period, not to exceed 6 years, after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-377, eff. 1-1-22 .)
|
(735 ILCS 5/13-214.4)
Sec. 13-214.4.
Actions against insurance producers, limited insurance
representatives, and registered firms. All causes of action brought by any
person or entity under any statute or any legal or equitable theory against an
insurance producer, registered firm, or limited insurance representative
concerning the sale, placement, procurement, renewal, cancellation of, or
failure to procure any policy of insurance shall be brought within 2 years of
the date the cause of action accrues.
(Source: P.A. 89-152, eff. 1-1-96.)
|
(735 ILCS 5/13-215) (from Ch. 110, par. 13-215)
Sec. 13-215.
Fraudulent concealment.
If a person liable to an action
fraudulently conceals the
cause of such action from the knowledge of the person entitled thereto,
the action may be commenced at any time within 5 years after the
person entitled to bring the same discovers that he or she has such cause of
action, and not afterwards.
(Source: P.A. 82-280.)
|
(735 ILCS 5/13-215.1) Sec. 13-215.1. Fertility fraud limitation. Notwithstanding any other provision of the law, an action for fertility fraud under the Illinois Fertility Fraud Act must be commenced within the later of 20 years, if brought under Section 15 of the Illinois Fertility Fraud Act, or 8 years, if brought under Section 20 of the Illinois Fertility Fraud Act, after: (1) the procedure was performed; (2) the 18th birthday of the child; (3) the person first discovers evidence sufficient to | ||
| ||
(4) the person first becomes aware of the existence | ||
| ||
(5) the defendant confesses to the offense. (Source: P.A. 103-478, eff. 1-1-24 .) |
(735 ILCS 5/13-216) (from Ch. 110, par. 13-216)
Sec. 13-216.
Stay of action.
When the commencement of an action is stayed
by injunction,
order of a court, or statutory prohibition, the time of the
continuance of the injunction or prohibition is not part of the time
limited for the commencement of the action.
(Source: P.A. 82-280.)
|
(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.)
|
(735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
Sec. 13-218. Revival of judgment. A petition to revive a judgment, as provided by Section 2-1601 of this Code, may be
filed no later than 20 years next
after the date of entry of such judgment. The provisions of this amendatory Act of the 96th General Assembly are declarative of existing law.
(Source: P.A. 96-305, eff. 8-11-09.)
|
(735 ILCS 5/13-219) (from Ch. 110, par. 13-219)
Sec. 13-219.
Railroads and carriers.
(a) All actions by railroads, motor
carriers, common
carriers by water, common carriers by air, the Railway Express Agency or
freight forwarders for the recovery of their charges, or any part
thereof, for the transportation of property moving wholly within the
State of Illinois shall be filed within 3 years from the time the cause
of action accrues, and not after.
(b) All actions against railroads, motor carriers, common carriers
by water, common carriers by air, the Railway Express Agency or freight
forwarders for the recovery of any part of transportation charges paid
to such carrier for the transportation of property moving wholly within
the State of Illinois shall be filed within 3 years from the time the
cause of action accrues, and not after.
(c) If on or before the expiration of the 3 year period of
limitation in subsection (b) a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency or a freight
forwarder files an action under subsection (a) for recovery of charges in
respect of the same transportation service, or, without filing an
action, collects charges in respect of that service, the period of
limitation shall be extended to include 90 days from the time such
action is filed or such charges are collected.
(d) The cause of action in respect of a shipment of property shall,
for the purposes of this section, be deemed to accrue upon delivery or
tender of delivery thereof by a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency, or a
freight forwarder, and not after.
(Source: P.A. 82-280.)
|
(735 ILCS 5/13-220) (from Ch. 110, par. 13-220)
Sec. 13-220.
Fraud by decedents.
Actions under Sections 10 to 14, both
inclusive, of
"An Act to revise
the law in relation to frauds and perjuries", approved February 16,
1874, as amended, shall be commenced within 2 years after the
death of the person
who makes a fraudulent legacy as provided in that Act, or who dies
intestate and leaves real estate to his or her heirs to descend according to
the laws of this State, unless letters of office
are applied for on his or her estate within 2 years after his or
her death and the representative has complied with the provisions of
Section 18-3 of the Probate Act of 1975, as amended, in regard to the
giving of notice to creditors, in which
case the action shall be commenced within and not after the time for
presenting claims against estates of deceased persons as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
|
(735 ILCS 5/13-221) (from Ch. 110, par. 13-221)
Sec. 13-221.
Contract to make will.
An action against
the representative,
heirs
and legatees of a deceased person to enforce a contract to
make a will, shall be commenced within 2 years after the death of the
deceased person unless letters of office are
applied for on his or her estate within 2 years after his or her death
and the representative has complied with the provisions of Section 18-3
of the Probate Act of 1975, as amended, in regard to the giving of notice
to creditors, in which
case the action shall be commenced within and not after the time for
presenting a claim against the estate of a
deceased person as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
|
(735 ILCS 5/13-222) (from Ch. 110, par. 13-222)
Sec. 13-222.
Action against land surveyor.
(a) Registered land surveyor. No action may be brought against
a registered land surveyor to recover damages for negligence, errors or
omissions in the making of any survey nor for contribution or indemnity
related to such negligence, errors or omissions more than 4 years after the
person claiming such damages actually knows or should have known of such
negligence, errors or omissions. This Section applies to surveys completed
after July 26, 1967. This subsection (a) applies only to causes of action
accruing before the effective date of this amendatory Act of the 92nd General
Assembly.
(b) Professional land surveyor. No action may be brought against a
professional land surveyor to recover damages for negligence, errors,
omissions, torts, breaches of contract, or otherwise in the making of any
survey, nor contribution or indemnity, more than 4 years after the person
claiming the damages actually knows or should have known of the negligence,
errors, omissions, torts, breaches of contract, or other action.
In no event may such an action be brought if 10 years have elapsed from the
time of the act or omission. Any person who discovers the act or
omission before expiration of the 10-year period, however, may in no event have
less
than 4 years to bring an action. Contract actions against a surety on a
payment or performance bond must be commenced within the same time limitation
applicable to the bond principal.
If the person entitled to bring the action is under the age of 18 or under
a legal disability, the period of limitation does not begin to run until the
person reaches 18 years of age or the disability is removed.
This subsection (b) applies to causes of action accruing on or after the
effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-265, eff. 1-1-02.)
|
(735 ILCS 5/13-223) (from Ch. 110, par. 13-223)
Sec. 13-223.
Inter vivos trusts.
An action to set aside or contest the
validity of a revocable inter
vivos trust agreement or declaration of trust to which a
legacy is provided by the settlor's will which is admitted to probate,
shall be commenced within and not after the time to contest the validity
of a will as provided in the Probate Act of 1975 as amended.
(Source: P.A. 83-707.)
|
(735 ILCS 5/13-224) (from Ch. 110, par. 13-224)
Sec. 13-224.
Recovery in Tax Actions.
In any action against the State
to recover taxes imposed pursuant to Section 2 of the Messages Tax Act,
Section 2 of the Gas Revenue Tax Act, Section 2 of the Public Utilities
Revenue Act or Section 2-202 of The Public Utilities Act,
that were illegally or unconstitutionally collected, or in any action
against a municipality to recover taxes imposed pursuant to Section 8-11-2
of the Illinois Municipal Code that were illegally or unconstitutionally
collected or in any action against a taxpayer to recover charges imposed
pursuant to Sections 9-201 or 9-202 of The Public Utilities Act that
were illegally or
unconstitutionally collected, the prevailing party shall not be entitled to
recover an amount exceeding such taxes or charges paid, plus interest,
where applicable, during a period beginning 3 years prior to the date of
filing an administrative claim as authorized by statute or ordinance or
court complaint, whichever occurs earlier. This provision shall be
applicable to all actions filed on or after September 21, 1985.
(Source: P.A. 85-1209.)
|
(735 ILCS 5/13-225) Sec. 13-225. Trafficking victims protection. (a) In this Section, "human trafficking", "involuntary servitude", "sex trade", and "victim of the sex trade" have the meanings ascribed to them in Section 10 of the Trafficking Victims Protection Act. (b) Subject to both subsections (e) and (f) and notwithstanding any other provision of law, an action under the Trafficking Victims Protection Act must be commenced within 25 years of the date the limitation period begins to run under subsection (d) or within 25 years of the date the plaintiff discovers or through the use of reasonable diligence should discover both (i) that the sex trade, involuntary servitude, or human trafficking act occurred, and (ii) that the defendant caused, was responsible for, or profited from the sex trade, involuntary servitude, or human trafficking act. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the sex trade, involuntary servitude, or human trafficking act occurred is not, by itself, sufficient to start the discovery period under this subsection (b). (c) If the injury is caused by 2 or more acts that are part of a continuing series of sex trade, involuntary servitude, or human trafficking acts by the same defendant, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover (i) that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred, and (ii) that the defendant caused, was responsible for, or profited from the series of sex trade, involuntary servitude, or human trafficking acts. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b). (d) The limitation periods in subsection (b) do not begin to run before the plaintiff attains the age of 18 years; and, if at the time the plaintiff attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability. (e) The limitation periods in subsection (b) do not run during a time period when the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant. (f) The limitation periods in subsection (b) do not commence running until the expiration of all limitations periods applicable to the criminal prosecution of the plaintiff for any acts which form the basis of a cause of action under the Trafficking Victims Protection Act.
(Source: P.A. 100-939, eff. 1-1-19; 101-18, eff. 1-1-20 .) |
(735 ILCS 5/13-226) Sec. 13-226. Opioid litigation. (a) Definitions. In this Section: "National multistate opioid settlement" means any agreement (i) to which the State and at least two other states are parties and (ii) in which the State agrees to release claims that it has brought or could have brought in an action against an opioid defendant or has the claims released in a final order entered by a court. "National multistate opioid settlement" includes (i) any form of resolution reached in a bankruptcy proceeding, provided that the Attorney General both agrees to the specific terms of such resolution or agreement in a bankruptcy proceeding and announces his or her agreement in the record of such bankruptcy proceeding, or (ii) a final order entered by the bankruptcy court. "Opioid defendant" means (i) a defendant in opioid litigation brought by the Attorney General, or (ii) a person or entity engaged in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation, alleging unlawful conduct in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Unit of local government" has the meaning provided in Article VII, Section 1 of the Illinois Constitution of 1970. (b) Release of claims. (1) On and after the effective date of this | ||
| ||
(2) If counties representing 60% of the population of | ||
| ||
(c) Nothing in this Section affects the Attorney General's authority to appear, intervene, or control litigation brought in the name of the State of Illinois or on behalf of the People of the State of Illinois. (d) When an intrastate allocation agreement between counties representing 60% of the population of the State, including all counties with a population of at least 250,000, and the Attorney General is reached, becoming a party to or filing opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement are exclusive powers and functions of the State and a home rule unit may not file or become a party to opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement unless approved by the Attorney General. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-85, eff. 7-9-21.) |
(735 ILCS 5/13-227) Sec. 13-227. Collection of debt arising from a municipal violation. An action to collect a debt arising from a violation of a municipal ordinance may not be filed more than 7 years after the date of adjudication.
(Source: P.A. 102-192, eff. 7-30-21.) |