Illinois General Assembly - Full Text of Public Act 094-0531
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Public Act 094-0531




Public Act 094-0531
SB0516 Enrolled LRB094 09655 LCB 39910 b

    AN ACT concerning civil law.
    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 2-1001 as follows:
    (735 ILCS 5/2-1001)  (from Ch. 110, par. 2-1001)
    Sec. 2-1001. Substitution of judge.
    (a) A substitution of judge in any civil action may be had
in the following situations:
        (1) Involvement of judge. When the judge is a party or
    interested in the action, or his or her testimony is
    material to either of the parties to the action, or he or
    she is related to or has been counsel for any party in
    regard to the matter in controversy. In any such situation
    a substitution of judge may be awarded by the court with or
    without the application of either party.
        (2) Substitution as of right. When a party timely
    exercises his or her right to a substitution without cause
    as provided in this paragraph (2).
            (i) Each party shall be entitled to one
        substitution of judge without cause as a matter of
            (ii) An application for substitution of judge as of
        right shall be made by motion and shall be granted if
        it is presented before trial or hearing begins and
        before the judge to whom it is presented has ruled on
        any substantial issue in the case, or if it is
        presented by consent of the parties.
            (iii) If any party has not entered an appearance in
        the case and has not been found in default, rulings in
        the case by the judge on any substantial issue before
        the party's appearance shall not be grounds for denying
        an otherwise timely application for substitution of
        judge as of right by the party.
        (3) Substitution for cause. When cause exists.
            (i) Each party shall be entitled to a substitution
        or substitutions of judge for cause.
            (ii) Every application for substitution of judge
        for cause shall be made by petition, setting forth the
        specific cause for substitution and praying a
        substitution of judge. The petition shall be verified
        by the affidavit of the applicant.
            (iii) Upon the filing of a petition for
        substitution of judge for cause, a hearing to determine
        whether the cause exists shall be conducted as soon as
        possible by a judge other than the judge named in the
        petition. The judge named in the petition need not
        testify but may submit an affidavit if the judge
        wishes. If the petition is allowed, the case shall be
        assigned to a judge not named in the petition. If the
        petition is denied, the case shall be assigned back to
        the judge named in the petition.
        (4) Substitution in contempt proceedings. When any
    defendant in a proceeding for contempt arising from an
    attack upon the character or conduct of a judge occurring
    otherwise than in open court, and the proceeding is pending
    before the judge whose character or conduct was impugned,
    fears that he or she will not receive a fair and impartial
    trial before that judge. In any such situation the
    application shall be by petition, verified by the
    applicant, and shall be filed before the trial of the
    contempt proceeding.
    (b) An application for substitution of judge may be made to
the court in which the case is pending, reasonable notice of
the application having been given to the adverse party or his
or her attorney.
    (c) When a substitution of judge is granted, the case may
be assigned to some other judge in the same county, or in some
other convenient county, to which there is no valid objection.
If the case is assigned to a judge in some other county, the
provisions of subsections (f) through (m) of Section 2-1001.5
shall apply.
(Source: P.A. 87-949; 88-35.)

Effective Date: 1/1/2006