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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Civil Procedure is amended by | |||||||||||||||||||||||||
| 5 | changing Sections 2-101, 2-102, 2-103, and 2-104 as follows:
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| 6 | (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
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| 7 | Sec. 2-101. Generally. Except as otherwise provided in this | |||||||||||||||||||||||||
| 8 | Act, every action must be
commenced (1) in the county of | |||||||||||||||||||||||||
| 9 | residence of any defendant who is joined
in good faith and with | |||||||||||||||||||||||||
| 10 | probable cause for the purpose of obtaining a
judgment against | |||||||||||||||||||||||||
| 11 | him or her and not solely for the purpose of fixing venue in
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| 12 | that county, or (2) in the county in which the transaction or | |||||||||||||||||||||||||
| 13 | some part
thereof occurred out of which the cause of action | |||||||||||||||||||||||||
| 14 | arose.
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| 15 | If a check, draft, money order, or other instrument for the | |||||||||||||||||||||||||
| 16 | payment of
child support payable to or delivered to the State | |||||||||||||||||||||||||
| 17 | Disbursement Unit
established under Section 10-26 of the | |||||||||||||||||||||||||
| 18 | Illinois Public Aid Code is returned by
the bank or depository | |||||||||||||||||||||||||
| 19 | for any reason, venue for the enforcement of any
criminal | |||||||||||||||||||||||||
| 20 | proceedings or civil cause of action for recovery and attorney | |||||||||||||||||||||||||
| 21 | fees
shall be in the county where the principal office of the | |||||||||||||||||||||||||
| 22 | State Disbursement
Unit is located.
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| 23 | If no
all defendants that are joined in good faith and with | |||||||||||||||||||||||||
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| 1 | probable cause for the purpose of obtaining a judgment against | ||||||
| 2 | them are residents
nonresidents of the State, an action may be
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| 3 | commenced in this State only in the county in which the | ||||||
| 4 | transaction out of which the cause of action arose, or some | ||||||
| 5 | part of that transaction, occurred
any county.
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| 6 | If the corporate limits of a city, village or town extend | ||||||
| 7 | into more
than one county, then the venue of an action or | ||||||
| 8 | proceeding
instituted by that
municipality to enforce any fine, | ||||||
| 9 | imprisonment, penalty or forfeiture
for violation of any | ||||||
| 10 | ordinance of that municipality,
regardless of the county in | ||||||
| 11 | which the violation was committed or occurred, may
be in the | ||||||
| 12 | appropriate court (i) in the county
wherein the office of the | ||||||
| 13 | clerk of the municipality is located
or (ii) in any county
in | ||||||
| 14 | which at least 35% of the territory within the municipality's | ||||||
| 15 | corporate
limits is located.
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| 16 | The changes made by this amendatory Act of the 101st | ||||||
| 17 | General Assembly apply to causes of action filed on or after | ||||||
| 18 | its effective date.
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| 19 | (Source: P.A. 91-212, eff. 7-20-99.)
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| 20 | (735 ILCS 5/2-102) (from Ch. 110, par. 2-102)
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| 21 | Sec. 2-102. Residence of corporations, voluntary | ||||||
| 22 | unincorporated associations
and partnerships defined.
For | ||||||
| 23 | purposes of venue, the following definitions apply:
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| 24 | (a) Any private corporation or railroad or bridge company, | ||||||
| 25 | organized
under the laws of this State, and any foreign | ||||||
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| 1 | corporation authorized to
transact business in this State is a | ||||||
| 2 | resident of any county in which it
has its registered office or | ||||||
| 3 | other office or is doing business. A
foreign corporation not | ||||||
| 4 | authorized to transact business in this State is
a nonresident | ||||||
| 5 | of this State.
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| 6 | (b) A partnership sued in its firm name is a resident of | ||||||
| 7 | any county
in which any partner resides or in which the | ||||||
| 8 | partnership has an office
or is doing business. A partnership | ||||||
| 9 | sued in its firm name, of which all
partners are nonresidents | ||||||
| 10 | of this State and which does not have an
office or do business | ||||||
| 11 | in this State, is a nonresident of this State.
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| 12 | (c) A voluntary unincorporated association sued in its own | ||||||
| 13 | name is a
resident of any county in which the association has | ||||||
| 14 | an office or, if on
due inquiry no office can be found, in | ||||||
| 15 | which any officer of the association
resides. A voluntary | ||||||
| 16 | unincorporated association sued in its own name, of
which all | ||||||
| 17 | its members are nonresidents of this State and which does not
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| 18 | have an office or do business
in this State, is a nonresident | ||||||
| 19 | of this State.
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| 20 | (d) The changes made by this amendatory Act of the 101st | ||||||
| 21 | General Assembly apply to causes of action filed on or after | ||||||
| 22 | its effective date.
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| 23 | (Source: P.A. 83-901.)
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| 24 | (735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
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| 25 | Sec. 2-103. Public corporations - Local actions - Libel - | ||||||
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| 1 | Insurance
companies.
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| 2 | (a) Actions must be brought against a public, municipal,
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| 3 | governmental or quasi-municipal corporation in the county in | ||||||
| 4 | which its
principal office is located or in the county in which | ||||||
| 5 | the transaction or
some part thereof occurred out of which the | ||||||
| 6 | cause of action arose.
Except as otherwise provided in Section | ||||||
| 7 | 7-102 of this Code, if the cause of
action is
related to an | ||||||
| 8 | airport owned by a unit of local government or the property or
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| 9 | aircraft
operations thereof, however, including an action | ||||||
| 10 | challenging the
constitutionality of
this amendatory
Act of the | ||||||
| 11 | 93rd General Assembly, the action must be brought in the county | ||||||
| 12 | in
which the
unit of local government's principal office is | ||||||
| 13 | located.
Actions to recover damage to real estate
which may be | ||||||
| 14 | overflowed or otherwise damaged by reason of any act of the
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| 15 | corporation may be brought in the county where the real estate | ||||||
| 16 | or some
part of it is situated, or in the county where the | ||||||
| 17 | corporation is
located, at the option of the party claiming to | ||||||
| 18 | be injured.
Except as otherwise provided in Section 7-102 of | ||||||
| 19 | this Code, any cause of
action
that is related to an airport | ||||||
| 20 | owned by a unit of local government, and that is
pending on or | ||||||
| 21 | after the effective date of
this amendatory Act of the 93rd | ||||||
| 22 | General Assembly in a county other than the
county in which the
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| 23 | unit of local government's principal office is located, shall | ||||||
| 24 | be transferred,
upon motion of any
party under Section 2-106 of | ||||||
| 25 | this Code, to the county in which the unit of
local | ||||||
| 26 | government's
principal office is located.
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| 1 | (b) Any action to quiet title to real estate, or to | ||||||
| 2 | partition or
recover possession thereof or to foreclose a | ||||||
| 3 | mortgage or other lien
thereon, must be brought in the county | ||||||
| 4 | in which the real estate or some
part of it is situated.
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| 5 | (c) Any action which is made local by any statute must be | ||||||
| 6 | brought in
the county designated in the statute.
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| 7 | (d) Every action against any owner, publisher, editor, | ||||||
| 8 | author or
printer of a newspaper or magazine of general | ||||||
| 9 | circulation for libel
contained in that newspaper or magazine | ||||||
| 10 | may be commenced only in the
county in which the defendant | ||||||
| 11 | resides or has his, her or its principal office
or in which the | ||||||
| 12 | article was composed or printed, except when the
defendant | ||||||
| 13 | resides or the article was printed without this State, in
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| 14 | either of which cases the action may be commenced in any county | ||||||
| 15 | in which
the libel was circulated or published.
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| 16 | (e) (Blank).
Actions against any insurance company | ||||||
| 17 | incorporated under the law
of this State or doing business in | ||||||
| 18 | this State may also be brought in any
county in which the | ||||||
| 19 | plaintiff or one of the plaintiffs may reside.
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| 20 | (f) The changes made by this amendatory Act of the 101st | ||||||
| 21 | General Assembly apply to causes of action filed on or after | ||||||
| 22 | its effective date.
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| 23 | (Source: P.A. 93-450, eff. 8-6-03.)
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| 24 | (735 ILCS 5/2-104) (from Ch. 110, par. 2-104)
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| 25 | Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a) | ||||||
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| 1 | No order or
judgment is void because rendered in the wrong | ||||||
| 2 | venue, except in case of
judgment by confession as provided in | ||||||
| 3 | subsection (c) of Section 2-1301 of
this Act. No action shall | ||||||
| 4 | abate or be dismissed because commenced in
the wrong venue if | ||||||
| 5 | there is a proper venue to which the cause may be
transferred. | ||||||
| 6 | If no defendants are residents of this State, and the | ||||||
| 7 | transaction out of which the cause of action arose, or some | ||||||
| 8 | part of that transaction, did not occur in this State, the | ||||||
| 9 | cause of action must be dismissed for lack of proper venue.
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| 10 | (b) All objections of improper venue are waived by a | ||||||
| 11 | defendant
unless a motion to transfer to a proper venue or a | ||||||
| 12 | motion to dismiss for lack of proper venue is made by the | ||||||
| 13 | defendant on or
before the date upon which he or she is | ||||||
| 14 | required to appear or within any
further time that may be | ||||||
| 15 | granted him or her to answer or move with respect to
the | ||||||
| 16 | complaint, except that if a defendant upon whose residence | ||||||
| 17 | venue
depends is dismissed upon motion of plaintiff, a | ||||||
| 18 | remaining defendant may
promptly move for transfer as though | ||||||
| 19 | the dismissed defendant had not
been a party.
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| 20 | (c) Motions to dismiss or for transfer to a proper venue | ||||||
| 21 | may be supported and
opposed by affidavit. In determining | ||||||
| 22 | issues of fact raised by
affidavits, any competent evidence | ||||||
| 23 | adduced by the parties shall also be
considered. The | ||||||
| 24 | determination of any issue of fact in connection with a
motion | ||||||
| 25 | to transfer does not constitute a determination of the merits | ||||||
| 26 | of
the case or any aspect thereof.
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| 1 | (d) The changes made by this amendatory Act of the 101st | ||||||
| 2 | General Assembly apply to causes of action filed on or after | ||||||
| 3 | its effective date.
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| 4 | (Source: P.A. 83-707.)
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