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91_SB0459
LRB9103104WHdv
1 AN ACT to amend the Code of Civil Procedure by changing
2 Section 2-604.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Section 2-604 as follows::
7 (735 ILCS 5/2-604) (from Ch. 110, par. 2-604)
8 Sec. 2-604. Prayer for relief. Every count in every
9 complaint and counterclaim shall contain specific prayers for
10 the relief to which the pleader deems himself or herself
11 entitled except that in actions for injury to the person, no
12 ad damnum may be pleaded except to the minimum extent
13 necessary to comply with the circuit rules of assignment
14 where the claim is filed. Relief, whether based on one or
15 more counts, may be requested in the alternative. Prayers for
16 relief which the allegations of the pleadings do not sustain
17 may be objected to on motion or in the answering pleading. In
18 actions for injury to the person, any complaint filed which
19 contains an ad damnum, except to the minimum extent necessary
20 to comply with the circuit rules of assignment where the
21 claim is filed, shall, on motion of a defendant or on the
22 court's own motion, be dismissed without prejudice. Except
23 in case of default, the prayer for relief does not limit the
24 relief obtainable, but where other relief is sought the court
25 shall, by proper orders, and upon terms that may be just,
26 protect the adverse party against prejudice by reason of
27 surprise. In case of default, if relief is sought, whether by
28 amendment, counterclaim, or otherwise, beyond that prayed in
29 the pleading to which the party is in default, notice shall
30 be given the defaulted party as provided by rule.
31 Nothing in this Section shall be construed as prohibiting
-2- LRB9103104WHdv
1 the defendant from requesting of the plaintiff by
2 interrogatory the amount of damages which will be sought.
3 (Source: P.A. 83-707.)