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.



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A BILL FOR
 


HB2217LRB098 05537 HEP 35574 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Code of Civil Procedure is amended by 
5changing Sections 1-105, 2-406, 5-110, and 5-122.1 as follows:




6 (735 ILCS 5/1-105) (from Ch. 110, par. 1-105)



7 Sec. 1-105. Enforcement of Act and rules.  
8 (a) The Supreme Court may provide by rule for the orderly 
9and expeditious
administration and enforcement of this Act and 
10of the rules,
including the striking of pleadings, the 
11dismissal of claims,
the entry of defaults, the assessment of 
12costs, the assessment against
an offending party of the 
13reasonable expenses, including attorney's
fees, which any 
14violation causes another party to incur, or other action
that 
15may be appropriate.

16 (b) The Supreme Court may adopt rules to promote the

17prompt, efficient, and cost-effective resolution of civil 
18actions
in which the amount in controversy, inclusive of all 
19claims for
damages of any kind, whether actual or exemplary, a 
20penalty,
attorney's fees, expenses, costs, interest, or any 
21other type of
damage of any kind, is more than $10,000 but does 
22not exceed
$100,000. The rules shall address the need for 
23lowering discovery
costs in these actions and the procedure for 
 
 
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1ensuring that these
actions will be expedited in the civil 
2justice system. 
3(Source: P.A. 82-280.)





4 (735 ILCS 5/2-406) (from Ch. 110, par. 2-406)



5 Sec. 2-406. Bringing in new parties - Third-party 
6proceedings. (a) If a complete determination of a controversy 
7cannot be had
without the presence of other parties, the court 
8may direct them to be
brought in. If a person, not a party, has 
9an interest or title which the
judgment may affect, the court, 
10on application, shall direct such person to be
made a party.

11 (b) Within the time for filing his or her answer or 
12thereafter by leave of
court, a defendant may by third-party 
13complaint bring in as a defendant
a person not a party to the 
14action who is or may be liable to him or her for
all or part of 
15the plaintiff's claim against him or her. Subsequent pleadings

16shall be filed as in the case of a complaint and with like 
17designation
and effect. The third-party defendant may assert 
18any defenses which he or she
has to the third-party complaint 
19or which the third-party plaintiff has
to the plaintiff's claim 
20and shall have the same right to file a
counterclaim or 
21third-party complaint as any other defendant. If the
plaintiff 
22desires to assert against the third-party defendant any claim

23which the plaintiff might have asserted against the third-party

24defendant had he or she been joined originally as a defendant, 
25the plaintiff shall do so
by an appropriate pleading. When a 
 
 
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1counterclaim is filed against a
party, the party may in like 
2manner proceed against third parties. Nothing
herein applies to 
3liability insurers.

4 (c) An action is commenced against a new party by the 
5filing of an
appropriate pleading or the entry of an order 
6naming him or her a party.
Service of process shall be had upon 
7a new party in like manner as is
provided for service on a 
8defendant.

9 (d) If a limitation period that applies to a plaintiff's 
10cause of action has expired, then a defendant may not, after 
11the expiration of that period, designate a third-party 
12defendant with respect to that cause of action. 
13(Source: P.A. 82-280.)





14 (735 ILCS 5/5-110) (from Ch. 110, par. 5-110)



15 Sec. 5-110. Judgment on motion.  
16 (a) If in any action, judgment upon any
motion directed to 
17the
complaint, answer or reply, by either party to the action, 
18is
entered against the plaintiff, the defendant shall recover 
19costs against
the plaintiff. If such judgment is entered in 
20favor of the plaintiff, the
plaintiff shall
recover costs 
21against the defendant; and the person so recovering costs
may 
22collect same in the same manner as judgments for the payment of 
23money are enforced.
24 (b) Notwithstanding subsection (a), if a circuit
court 
25grants or denies, in whole or in part, a motion to
dismiss 
 
 
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1under Section 2-615 due to the absence of a basis in law or 
2fact for the action, then the court may award costs and

3reasonable and necessary attorney's fees to the prevailing 
4party
in amounts that the court determines are equitable and 
5just. This subsection (b) does not apply to actions by or 
6against the State, other governmental entities, or public 
7officials acting in their official capacity or under color of 
8law. 

9(Source: P.A. 82-280.)


10 (735 ILCS 5/5-122.1 new)
11 Sec. 5-122.1. Deposition fees. Reasonable deposition fees 
12may be recovered as costs.