Illinois General Assembly - Full Text of Public Act 101-0403
Illinois General Assembly

Previous General Assemblies

Public Act 101-0403


Public Act 0403 101ST GENERAL ASSEMBLY



Public Act 101-0403
SB1526 EnrolledLRB101 06794 LNS 51821 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 adding
Section 2-604.2 and by repealing Section 2-604 as follows:
    (735 ILCS 5/2-604.2 new)
    Sec. 2-604.2. Requesting remedies from the court.
    (a) Except in personal injury actions, every count in every
complaint and counterclaim must request specific remedies the
party believes it should receive from the court.
    In a personal injury action, a party may not claim an
amount of money unless necessary to comply with the circuit
court rules about where a case is assigned. In a personal
injury action, if a complaint is filed that contains an amount
claimed and the claim is not necessary to comply with the
circuit court rules about where a case is assigned, the
complaint shall be dismissed without prejudice on the
defendant's motion or on the court's own motion.
    (b) A party may request remedies from the court in the
alternative. A request for a remedy from the court that is not
supported by allegations in the complaint or counterclaim may
be objected to by motion or in the answering pleading.
    (c) Except in the case of default, the remedies requested
from the court do not limit the remedies available. Except in
the case of default, if a party seeks remedies other than those
listed in the complaint or counterclaim, the court may, by
proper order, and upon terms that may be just, protect the
adverse party against prejudice by reason of surprise.
    In the case of default, if a remedy is sought in the
pleading, whether by amendment, counterclaim, or otherwise,
that is beyond what the defaulted party requested, notice shall
be given to the defaulted party as provided by Illinois Supreme
Court Rule 105.
    (d) The defendant is not prohibited from requesting from
the plaintiff, by interrogatory, the amount of damages sought.
    (735 ILCS 5/2-604 rep.)
    Section 10. The Code of Civil Procedure is amended by
repealing Section 2-604.

Effective Date: 1/1/2020