Bill Text: IL HB2217 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Authorizes the Illinois Supreme Court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions in which the amount in controversy is more than $10,000 but does not exceed $100,000. Provides that, if a limitation period that applies to a plaintiff's cause of action has expired, then a defendant may not, after the expiration of that period, designate a third-party defendant with respect to that cause of action. Provides that, if a circuit court grants or denies, in whole or in part, a motion to dismiss due to the absence of a basis in law or fact for the action, then the court may award costs and reasonable and necessary attorney's fees to the prevailing party in amounts that the court determines are equitable and just. Authorizes reasonable deposition fees to be recovered as costs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2217 Detail]

Download: Illinois-2013-HB2217-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2217 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
735 ILCS 5/1-105 from Ch. 110, par. 1-105
735 ILCS 5/2-406 from Ch. 110, par. 2-406
735 ILCS 5/5-110 from Ch. 110, par. 5-110
735 ILCS 5/5-122.1 new
Amends the Code of Civil Procedure. Authorizes the Illinois Supreme Court to adopt rules to promote the prompt, efficient, and cost-effective resolution of civil actions in which the amount in controversy is more than $10,000 but does not exceed $100,000. Provides that, if a limitation period that applies to a plaintiff's cause of action has expired, then a defendant may not, after the expiration of that period, designate a third-party defendant with respect to that cause of action. Provides that, if a circuit court grants or denies, in whole or in part, a motion to dismiss due to the absence of a basis in law or fact for the action, then the court may award costs and reasonable and necessary attorney's fees to the prevailing party in amounts that the court determines are equitable and just. Authorizes reasonable deposition fees to be recovered as costs.
LRB098 05537 HEP 35574 b
A BILL FOR
HB2217 LRB098 05537 HEP 35574 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 Sections 1-105, 2-406, 5-110, and 5-122.1 as follows:
(735 ILCS 5/1-105) (from Ch. 110, par. 1-105)
Sec. 1-105. Enforcement of Act and rules.
(a) The Supreme Court may provide by rule for the orderly
and expeditious administration and enforcement of this Act and
of the rules, including the striking of pleadings, the
dismissal of claims, the entry of defaults, the assessment of
costs, the assessment against an offending party of the
reasonable expenses, including attorney's fees, which any
violation causes another party to incur, or other action that
may be appropriate.
(b) The Supreme Court may adopt rules to promote the
prompt, efficient, and cost-effective resolution of civil
actions in which the amount in controversy, inclusive of all
claims for damages of any kind, whether actual or exemplary, a
penalty, attorney's fees, expenses, costs, interest, or any
other type of damage of any kind, is more than $10,000 but does
not exceed $100,000. The rules shall address the need for
lowering discovery costs in these actions and the procedure for

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ensuring that these actions will be expedited in the civil
justice system.
(Source: P.A. 82-280.)
(735 ILCS 5/2-406) (from Ch. 110, par. 2-406)
Sec. 2-406. Bringing in new parties - Third-party
proceedings. (a) If a complete determination of a controversy
cannot be had without the presence of other parties, the court
may direct them to be brought in. If a person, not a party, has
an interest or title which the judgment may affect, the court,
on application, shall direct such person to be made a party.
(b) Within the time for filing his or her answer or
thereafter by leave of court, a defendant may by third-party
complaint bring in as a defendant a person not a party to the
action who is or may be liable to him or her for all or part of
the plaintiff's claim against him or her. Subsequent pleadings
shall be filed as in the case of a complaint and with like
designation and effect. The third-party defendant may assert
any defenses which he or she has to the third-party complaint
or which the third-party plaintiff has to the plaintiff's claim
and shall have the same right to file a counterclaim or
third-party complaint as any other defendant. If the plaintiff
desires to assert against the third-party defendant any claim
which the plaintiff might have asserted against the third-party
defendant had he or she been joined originally as a defendant,
the plaintiff shall do so by an appropriate pleading. When a

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counterclaim is filed against a party, the party may in like
manner proceed against third parties. Nothing herein applies to
liability insurers.
(c) An action is commenced against a new party by the
filing of an appropriate pleading or the entry of an order
naming him or her a party. Service of process shall be had upon
a new party in like manner as is provided for service on a
defendant.
(d) If a limitation period that applies to a plaintiff's
cause of action has expired, then a defendant may not, after
the expiration of that period, designate a third-party
defendant with respect to that cause of action.
(Source: P.A. 82-280.)
(735 ILCS 5/5-110) (from Ch. 110, par. 5-110)
Sec. 5-110. Judgment on motion.
(a) If in any action, judgment upon any motion directed to
the complaint, answer or reply, by either party to the action,
is entered against the plaintiff, the defendant shall recover
costs against the plaintiff. If such judgment is entered in
favor of the plaintiff, the plaintiff shall recover costs
against the defendant; and the person so recovering costs may
collect same in the same manner as judgments for the payment of
money are enforced.
(b) Notwithstanding subsection (a), if a circuit court
grants or denies, in whole or in part, a motion to dismiss

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under Section 2-615 due to the absence of a basis in law or
fact for the action, then the court may award costs and
reasonable and necessary attorney's fees to the prevailing
party in amounts that the court determines are equitable and
just. This subsection (b) does not apply to actions by or
against the State, other governmental entities, or public
officials acting in their official capacity or under color of
law.
(Source: P.A. 82-280.)
(735 ILCS 5/5-122.1 new)
Sec. 5-122.1. Deposition fees. Reasonable deposition fees
may be recovered as costs.