Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/18-108) (from Ch. 110, par. 18-108) Sec. 18-108. Judgment. The court shall determine and adjudge the rights of all parties to the proceeding. In case any person or corporation against whom such complaint is filed is adjudged guilty as charged in the complaint, the cou…

(735 ILCS 5/19-101) (from Ch. 110, par. 19-101) Sec. 19-101. When brought. Whenever any goods or chattels have been wrongfully distrained, or otherwise wrongfully taken or are wrongfully detained, an action of replevin may be brought for the recovery of such goods or chattels, by…

(735 ILCS 5/19-102) (from Ch. 110, par. 19-102) Sec. 19-102. When not available. No action of replevin shall lie on behalf of a defendant against whom a judgment or attachment is in the process of enforcement, to recover goods or chattels seized by virtue thereof, unless such goo…

(735 ILCS 5/19-103) (from Ch. 110, par. 19-103) Sec. 19-103. Venue. The venue provisions applicable to other civil cases shall apply to actions of replevin; and in addition an action of replevin may be brought in any county in which the goods or chattels or any part of them are l…

(735 ILCS 5/19-104) (from Ch. 110, par. 19-104) Sec. 19-104. Complaint. An action of replevin shall be commenced by the filing of a verified complaint which describes the property to be replevied and states that the plaintiff in such action is the owner of the property so describ…

(735 ILCS 5/19-105) (from Ch. 110, par. 19-105) Sec. 19-105. Notice. The defendant shall be given 5 days written notice in the manner required by rule of the Supreme Court, of a hearing before the court to contest the entry of an order for replevin. No order for replevin may be e…

(735 ILCS 5/19-106) (from Ch. 110, par. 19-106) Sec. 19-106. Exception to requirement of notice. Notice to the defendant is not required if the plaintiff establishes and the court finds as a matter of record and supported by evidence that summary seizure of the property is justif…

(735 ILCS 5/19-107) (from Ch. 110, par. 19-107) Sec. 19-107. Hearing for entry of order. At the hearing on the entry of an order for replevin, which may be a hearing to contest pursuant to notice under Section 19-105 of this Act or an ex parte hearing pursuant to a finding under …

(735 ILCS 5/19-108) (from Ch. 110, par. 19-108) Sec. 19-108. Direction of order. The order shall be directed to the sheriff or other proper officer of the proper county, to serve; and for the purpose only of service as summons shall be directed also to any person authorized to se…

(735 ILCS 5/19-109) (from Ch. 110, par. 19-109) Sec. 19-109. Order. The order for replevin shall require the sheriff, or other officer to whom it is directed to take the property, describing it as in the complaint, from the possession of the defendant, and deliver the same to the…

(735 ILCS 5/19-110) (from Ch. 110, par. 19-110) Sec. 19-110. Several counties involved. Additional certified copies of the order for replevin may be issued by the clerk of court, upon the request of the plaintiff, to be used in several counties. (Source: P.A. 82-280.)

(735 ILCS 5/19-111) (from Ch. 110, par. 19-111) Sec. 19-111. Additional copies of order. When it appears by the return of the officer that any defendant or the property described in the order or any part thereof, is not found, additional certified copies directing the officer to …

(735 ILCS 5/19-112) (from Ch. 110, par. 19-112) Sec. 19-112. Replevin bond. Before the service of the order for replevin the plaintiff or some one else on his or her behalf shall give to the sheriff or other officer a bond with sufficient security in double the value of the prope…

(735 ILCS 5/19-113) (from Ch. 110, par. 19-113) Sec. 19-113. Return. Such officer shall return the bond so taken by the officer, together with the certified copy of the order to the clerk of court who issued such certified copy of the order. (Source: P.A. 82-280.)

(735 ILCS 5/19-114) (from Ch. 110, par. 19-114) Sec. 19-114. Failure to take and return bond. If the sheriff or other officer fails to take and return the bond, as required by Article XIX of this Act, or returns an insufficient bond, he or she shall be liable to the party injured…

(735 ILCS 5/19-115) (from Ch. 110, par. 19-115) Sec. 19-115. Limitation. No sheriff or other officer shall be liable, under the preceding section, unless the bond was insufficient when taken, nor unless action is commenced against him or her or upon his or her bond, within 3 year…

(735 ILCS 5/19-116) (from Ch. 110, par. 19-116) Sec. 19-116. Service of order. Upon the bond being given the sheriff or other proper officer shall forthwith serve the certified copy of the order by seizing the property therein mentioned and by serving such order upon the defendan…

(735 ILCS 5/19-117) (from Ch. 110, par. 19-117) Sec. 19-117. Service upon defendant. It shall be the duty of the officer having an order for replevin, to serve the same upon the defendant, whether the property is found or delivered to him or her, or not, unless, when none of the …

(735 ILCS 5/19-118) (from Ch. 110, par. 19-118) Sec. 19-118. Notice by publication. If it appears by affidavit of the plaintiff, his or her attorney or agent, or by the return of the officer, that any defendant in such action is not a resident of this State, or has departed from …

(735 ILCS 5/19-119) (from Ch. 110, par. 19-119) Sec. 19-119. Answer or otherwise appear. The defendant shall answer or otherwise appear as in other civil cases. (Source: P.A. 82-280.)

(735 ILCS 5/19-120) (from Ch. 110, par. 19-120) Sec. 19-120. When property not found. When the property or any part thereof is not found or delivered as above stated, and the defendant is summoned or enters his or her appearance, the plaintiff may proceed, under the original or a…

(735 ILCS 5/19-121) (from Ch. 110, par. 19-121) Sec. 19-121. Distress for rent. It shall be sufficient for the defendant, in all cases of replevin for distress taken for rent, to allege generally without particularly setting forth the tenure or title to the lands whereon such dis…

(735 ILCS 5/19-122) (from Ch. 110, par. 19-122) Sec. 19-122. Seeking wrong remedy not fatal. Where relief is sought under Article XIX of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has…

(735 ILCS 5/19-123) (from Ch. 110, par. 19-123) Sec. 19-123. Judgment against plaintiff. If the plaintiff in an action of replevin obtains an order for replevin and the right of property is adjudged against the plaintiff, judgment shall be entered for a return of the property if …

(735 ILCS 5/19-124) (from Ch. 110, par. 19-124) Sec. 19-124. Intervention. In replevin cases pending in circuit courts, any person other than the defendant claiming the property replevied may intervene, verifying the petition by affidavit. The court shall direct a trial of the ri…

(735 ILCS 5/19-125) (from Ch. 110, par. 19-125) Sec. 19-125. Judgment for plaintiff. If judgment is entered in favor of the plaintiff in replevin, the plaintiff shall recover damages for the detention of the property while the same was wrongfully detained by the defendant. (Sourc…

(735 ILCS 5/19-126) (from Ch. 110, par. 19-126) Sec. 19-126. Damages. In either case provided for in Sections 19-124 and 19-125 of this Act, if the case is tried by a jury, the damages may be assessed by such jury, but if the plaintiff takes a voluntary dismissal or an involuntar…

(735 ILCS 5/19-127) (from Ch. 110, par. 19-127) Sec. 19-127. Action on bond. If at any time the conditions of the bond required by Section 19-112 of this Act, or of the bond provided for in Section 19-116 of this Act are broken, the sheriff or other officer or plaintiff in the na…

(735 ILCS 5/19-128) (from Ch. 110, par. 19-128) Sec. 19-128. Defense to action on bond. If the merits of the case have not been determined in the trial of the action in which the bond was given, the defendant in the action upon the replevin bond may plead that fact and his or her…

(735 ILCS 5/19-129) Sec. 19-129. Mobile homes. If the chattel which is the subject of the replevin action is a mobile home and is occupied by the defendant or other persons, the court may issue an eviction order directing the sheriff to remove the personal property of the defenda…

(735 ILCS 5/19c-101) (from Ch. 110, par. 19c-101) Sec. 19c-101. (a) This Act takes effect July 1, 1982, and shall apply to all cases and proceedings commenced on or after that date. (b) For cases and proceedings commenced prior to and still pending on July 1, 1982, this Act shall…

(735 ILCS 5/2-1001) (from Ch. 110, par. 2-1001) Sec. 2-1001. Substitution of judge. (a) A substitution of judge in any civil action may be had in the following situations: (1) Involvement of judge. When the judge is a party or interested in the action, or his or her testimony is …

(735 ILCS 5/2-1001.5) (from Ch. 110, par. 2-1001.5) Sec. 2-1001.5. Change of venue. (a) A change of venue in any civil action may be had when the court determines that any party may not receive a fair trial in the court in which the action is pending because the inhabitants of th…

(735 ILCS 5/2-1001A) (from Ch. 110, par. 2-1001A) Sec. 2-1001A. Authorization. The Supreme Court of Illinois, by rule, may provide for mandatory arbitration of such civil actions as the Court deems appropriate in order to expedite in a less costly manner any litigation wherein a …

(735 ILCS 5/2-1002A) (from Ch. 110, par. 2-1002A) Sec. 2-1002A. Implementation by Supreme Court Rules. The Supreme Court shall by rule adopt procedures adapted to each judicial circuit to implement mandatory arbitration under this Act. (Source: P.A. 84-844.)

(735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003) Sec. 2-1003. Discovery and depositions. (a) Discovery, such as admissions of fact and of genuineness of documents, physical and mental examinations of parties and other persons, the taking of any depositions, and interrogatories, sh…

(735 ILCS 5/2-1003A) (from Ch. 110, par. 2-1003A) Sec. 2-1003A. Qualification, Appointment, and Compensation of Arbitrators. The qualification and the method of appointment of arbitrators shall be prescribed by rule. Arbitrators shall be entitled to reasonable compensation for th…

(735 ILCS 5/2-1004) (from Ch. 110, par. 2-1004) Sec. 2-1004. Pretrial procedure. The holding of pretrial conferences shall be in accordance with rules. (Source: P.A. 82-280.)

(735 ILCS 5/2-1004A) (from Ch. 110, par. 2-1004A) Sec. 2-1004A. Decision and Award. Following an arbitration hearing as prescribed by rule, the arbitrators' decision shall be filed with the circuit court, together with proof of service on the parties. Within the time prescribed b…

(735 ILCS 5/2-1005) (from Ch. 110, par. 2-1005) Sec. 2-1005. Summary judgments. (a) For plaintiff. Any time after the opposite party has appeared or after the time within which he or she is required to appear has expired, a plaintiff may move with or without supporting affidavits…

(735 ILCS 5/2-1005A) (from Ch. 110, par. 2-1005A) Sec. 2-1005A. Judgment of the Court. If no rejection of the award is filed, a judge of the circuit court may enter the award as the judgment of the court. (Source: P.A. 84-844.)

(735 ILCS 5/2-1006) (from Ch. 110, par. 2-1006) Sec. 2-1006. Consolidation and severance of cases. An action may be severed, and actions pending in the same court may be consolidated, as an aid to convenience, whenever it can be done without prejudice to a substantial right. (Sou…

(735 ILCS 5/2-1006A) (from Ch. 110, par. 2-1006A) Sec. 2-1006A. Uniform Arbitration Act. The provisions of the Uniform Arbitration Act shall not be applicable to the proceedings under this Part 10A of Article II. (Source: P.A. 84-1308.)

(735 ILCS 5/2-1007) (from Ch. 110, par. 2-1007) Sec. 2-1007. Extension of time and continuances. On good cause shown, in the discretion of the court and on just terms, additional time may be granted for the doing of any act or the taking of any step or proceeding prior to judgmen…

(735 ILCS 5/2-1007.1) (from Ch. 110, par. 2-1007.1) Sec. 2-1007.1. Preference in setting for trial. (a) A party who is an individual or, in the case of a wrongful death action, is the surviving spouse or next of kin and who has reached the age of 67 years shall, upon motion by th…

(735 ILCS 5/2-1007A) (from Ch. 110, par. 2-1007A) Sec. 2-1007A. The expenses of conducting mandatory arbitration programs in the circuit court, including arbitrator fees, and the expenses related to conducting such other alternative dispute resolution programs as may be authorize…

(735 ILCS 5/2-1008) (from Ch. 110, par. 2-1008) Sec. 2-1008. Abatement; change of interest or liability; substitution of parties. (a) Change of interest or liability. If by reason of marriage, bankruptcy, assignment, or any other event occurring after the commencement of a cause …

(735 ILCS 5/2-1008A) Sec. 2-1008A. (Repealed). (Source: P.A. 85-408. Repealed by P.A. 97-1099, eff. 8-24-12.)

(735 ILCS 5/2-1009) (from Ch. 110, par. 2-1009) Sec. 2-1009. Voluntary dismissal. (a) The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party's attorney, and upon payment of costs, dismiss his or her action or a…

(735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A) Sec. 2-1009A. Filing Fees. In each county authorized by the Supreme Court to utilize mandatory arbitration, the clerk of the circuit court shall charge and collect, in addition to any other fees, an arbitration fee of $8, except i…