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| [ Introduced ] | [ Senate Amendment 002 ] |
92_SB1320sam001
LRB9205562WHcsam
1 AMENDMENT TO SENATE BILL 1320
2 AMENDMENT NO. . Amend Senate Bill 1320 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Code of Civil Procedure is amended by
5 changing Section 2-802 and adding Section 2-807 as follows:
6 (735 ILCS 5/2-802) (from Ch. 110, par. 2-802)
7 Sec. 2-802. Order and findings relative to the class. (a)
8 Determination of Class. As soon as practicable after the
9 commencement of an action brought as a class action, the
10 court shall determine by order whether it may be so
11 maintained and describe those whom the court finds to be
12 members of the class. This order may be conditional and may
13 be amended before a decision on the merits.
14 (b) Class Action on Limited Issues and Sub-classes.
15 When appropriate, an action may be brought or maintained as a
16 class action with respect to particular issues, or divided
17 into sub-classes and each sub-class treated as a class. The
18 provisions of this rule shall then be construed and applied
19 accordingly.
20 (c) A motion to certify an action as a class action may
21 not be granted before a hearing on the motion. The hearing
22 shall be held as soon as practicable, but in no event before:
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1 (1) Each named adverse party has been served with
2 the pleading containing the demand for class relief or
3 has made an appearance or, with respect to unserved
4 defendants who have not appeared, the proponent of the
5 class has made due and diligent effort to perfect service
6 of the pleading; and
7 (2) Each party has had a reasonable opportunity to
8 obtain discovery on class certification issues, on such
9 terms and conditions as the court deems necessary.
10 (Source: P.A. 82-280.)
11 (735 ILCS 5/2-807 new)
12 Sec. 2-807. Appeal of certification order.
13 (a) A circuit court's order certifying a class or
14 refusing to certify a class is appealable in the same manner
15 as a final order to the Appellate Court that would otherwise
16 have jurisdiction over the appeal from a final order in the
17 action. The appeal must be filed within 42 days of the order
18 certifying or refusing to certify the class. The filing of
19 the appeal, the failure to file an appeal, or the affirmance
20 of the certification or denial order does not affect the
21 right of any party, after the entry of final judgment, to
22 appeal the earlier certification of, or refusal to certify,
23 the class.
24 (b) If the appeal is not the first appeal taken by the
25 party, the subsequent appeal shall be based upon the record
26 at the time of final judgment and shall be considered by the
27 court only to the extent that either the facts or controlling
28 law relevant to certification have changed from that which
29 existed or controlled at the time of the earlier
30 certification or refusal to certify. During the pendency of
31 any such appeal, the action in the circuit court shall be
32 stayed in all respects. Following adjudication on appeal or,
33 if the initial appeal is to the Appellate Court, adjudication
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1 of the action on any leave to appeal granted by the Illinois
2 Supreme Court, if the class is not certified, the stay in the
3 circuit court shall automatically dissolve and the circuit
4 court may proceed to adjudicate any remaining individual
5 claims or defenses. If, after the appeal, the class is
6 certified, the stay shall be dissolved and the circuit court
7 shall proceed with adjudication on the merits; except that
8 the circuit court shall at all times before entry of a final
9 order retain jurisdiction to revisit the certification issues
10 upon motion of a party and to order decertification of the
11 class if during the litigation of the case it is evident to
12 the circuit court that the action is no longer reasonably
13 maintainable as a class action under factors determined by
14 the circuit court to be appropriate.".