Public Act 93-0387

SB348 Enrolled                       LRB093 03845 WGH 03880 b

    AN ACT in relation to civil procedure.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Code  of Civil Procedure is amended by
changing Section 2-604 as follows:

    (735 ILCS 5/2-604) (from Ch. 110, par. 2-604)
    Sec. 2-604. Prayer for  relief.   Every  count  in  every
complaint and counterclaim shall contain specific prayers for
the  relief  to  which  the  pleader deems himself or herself
entitled except that in actions for injury to the person,  no
ad  damnum  may  be  pleaded  except  to  the  minimum extent
necessary to comply with  the  circuit  rules  of  assignment
where  the  claim is filed.   Relief, whether based on one or
more counts, may be requested in the alternative. Prayers for
relief which the allegations of the pleadings do not  sustain
may be objected to on motion or in the answering pleading. In
actions  for  injury to the person, any complaint filed which
contains an ad damnum, except to the minimum extent necessary
to comply with the circuit  rules  of  assignment  where  the
claim  is  filed,  shall,  on motion of a defendant or on the
court's own motion, be dismissed without  prejudice.   Except
in  case of default, the prayer for relief does not limit the
relief obtainable, but where other relief is sought the court
shall, by proper orders, and upon terms  that  may  be  just,
protect  the  adverse  party  against  prejudice by reason of
surprise. In case of default, if relief is sought, whether by
amendment, counterclaim, or otherwise, beyond that prayed  in
the  pleading  to which the party is in default, notice shall
be given the defaulted party as provided by rule.
    Nothing in this Section shall be construed as prohibiting
the  defendant  from   requesting   of   the   plaintiff   by
interrogatory the amount of damages which will be sought.
(Source: P.A. 83-707.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.