SB0459eng 91st General Assembly


91_SB0459eng

 
SB459 Engrossed                                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
 
SB459 Engrossed             -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.)
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State of Illinois 91st General Assembly Legislation

State of Illinois
91st General Assembly
Legislation
