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Public Act 101-0539
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| SB1134 Enrolled | LRB101 06929 LNS 51961 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 2-206 as follows:
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(735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
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Sec. 2-206.
Service by publication; affidavit; mailing;
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certificate.
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(a) Whenever, in any action affecting property or status |
within the
jurisdiction of the court, including an action to |
obtain the specific
performance, reformation, or rescission of |
a contract for the conveyance
of land, except for an action |
brought under Part 15 of Article XV of this Code that are |
subject to subsection (a-5), plaintiff or his or her
attorney |
shall file, at the office of the clerk of the court in which
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the action is pending, an affidavit showing that the defendant |
resides
or has gone out of this State, or on due inquiry cannot |
be found, or is
concealed within this State, so that process |
cannot be served upon him or her,
and stating the place of |
residence of the defendant, if known, or that
upon diligent |
inquiry his or her place of residence cannot be ascertained, |
the
clerk shall cause publication to be made in some newspaper |
published in
the county in which the action is pending. If |
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there is no newspaper
published in that county, then the |
publication shall be in a newspaper
published in an adjoining |
county in this State, having a circulation in
the county in |
which action is pending. The publication shall contain
notice |
of the pendency of the action, the title of the court, the |
title
of the case, showing the names of the first named |
plaintiff and the
first named defendant, the number of the |
case, the names of the parties
to be served by publication, and |
the date on or after which default may
be entered against such |
party. The clerk shall also, within 10 days of the
first |
publication of the notice, send a copy thereof by mail, |
addressed
to each defendant whose place of residence is stated |
in such affidavit.
The certificate of the clerk that he or she |
has sent the copy in pursuance of
this Section is evidence that |
he or she has done so.
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(a-5) If, in any action brought under Part 15 of Article XV |
of this Code, the plaintiff, or his or her attorney, shall |
file, at the office of the clerk of the court in which the |
action is pending, an affidavit showing that the defendant |
resides outside of or has left this State, or on due inquiry |
cannot be found, or is concealed within this State so that |
process cannot be served upon him or her, and stating the place |
of residence of the defendant, if known, or that upon diligent |
inquiry his or her place of residence cannot be ascertained, |
the plaintiff, or his or her representative, shall cause |
publication to be made in some newspaper published in the |
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county in which the action is pending. If there is no newspaper |
published in that county, then the publication shall be in a |
newspaper published in an adjoining county in this State, |
having a circulation in the county in which action is pending. |
The publication shall contain notice of the pendency of the |
action, the title of the court, the title of the case, showing |
the names of the first named plaintiff and the first named |
defendant, the number of the case, the names of the parties to |
be served by publication, and the date on or after which |
default may be entered against such party. It shall be the |
non-delegable duty of the clerk of the court, within 10 days of |
the first publication of the notice, to send a copy thereof by |
mail, addressed to each defendant whose place of residence is |
stated in such affidavit. The certificate of the clerk of the |
court that he or she has sent the copy in pursuance of this |
Section is evidence that he or she has done so. |
(b) In any action brought by a unit of local government to |
cause the
demolition, repair, or enclosure of a dangerous and |
unsafe or uncompleted
or abandoned building, notice by |
publication under this Section may be
commenced during the time |
during which attempts are made to locate the
defendant for |
personal service. In that case, the unit of local government
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shall file with the clerk an affidavit stating that the action |
meets the
requirements of this subsection and that all required |
attempts are being
made to locate the defendant. Upon the |
filing of the affidavit, the clerk
shall cause publication to |