Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401) Sec. 2-1401. Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review,…

(735 ILCS 5/2-1401.1) Sec. 2-1401.1. Relief from default judgment; military personnel in military service. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to re…

(735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402) Sec. 2-1402. Citations to discover assets. (a) A judgment creditor, or his or her successor in interest when that interest is made to appear of record, is entitled to prosecute citations to discover assets for the purposes of examin…

(735 ILCS 5/2-1402.1) Sec. 2-1402.1. Automatic exemption. When a consumer debt judgment, as defined in paragraph (b)(1) of Section 2-1303, has been entered against a judgment debtor, the debtor is entitled to a $1,000 automatic exemption, as defined in Section 12-1001.1. A citati…

(735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403) Sec. 2-1403. Judgment debtor as beneficiary of trust. No court, except as otherwise provided in this Section, shall order the satisfaction of a judgment out of any property held in trust for the judgment debtor if such trust has, in…

(735 ILCS 5/2-1404) (from Ch. 110, par. 2-1404) Sec. 2-1404. Preservation of trust estates. In all cases where a trustee has been or shall be appointed by order of a circuit court, such court has authority to authorize the payment of interest on any mortgage which is a lien upon …

(735 ILCS 5/2-1501) (from Ch. 110, par. 2-1501) Sec. 2-1501. Writs abolished. The function which was, prior to January 1, 1979, performed by a writ of execution to enforce a judgment or order for the payment of money, or by the writs of mandamus, injunction, prohibition, sequestr…

(735 ILCS 5/2-1601) (from Ch. 110, par. 2-1601) Sec. 2-1601. Scire facias abolished. Any relief which heretofore might have been obtained by scire facias may be had by employing a petition filed in the case in which the original judgment was entered in accordance with Section 2-1…

(735 ILCS 5/2-1602) Sec. 2-1602. Revival of judgment. (a) Except as provided in subsections (a-5) and (a-10), a judgment may be revived by filing a petition to revive the judgment in the seventh year after its entry, or in the seventh year after its last revival, or in the twenti…

(735 ILCS 5/2-1701) (from Ch. 110, par. 2-1701) Sec. 2-1701. Application. Subject to the provisions of Section 2-1705, in all medical malpractice actions the provisions of this Act shall be applicable. (Source: P.A. 84-7.)

(735 ILCS 5/2-1702) (from Ch. 110, par. 2-1702) (Text of Section WITH the changes made by P.A. 89-7, which has been held unconstitutional) Sec. 2-1702. Economic/Non-Economic Loss. As used in this Part, "economic loss" and "non-economic loss" are defined as in Section 2-1115.2. (S…

(735 ILCS 5/2-1703) (from Ch. 110, par. 2-1703) Sec. 2-1703. Past/Future Damages. As used in this Part: (a) "Past damages" means damages that have accrued when the damages findings are made. (b) "Future damages" includes all damages which the trier of fact finds will accrue after…

(735 ILCS 5/2-1704) (from Ch. 110, par. 2-1704) Sec. 2-1704. Medical Malpractice Action. As used in this Part, "medical malpractice action" means any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, h…

(735 ILCS 5/2-1704.5) Sec. 2-1704.5. (Repealed). (Source: P.A. 94-677, eff. 8-25-05. Repealed by P.A. 97-1145, eff. 1-18-13.)

(735 ILCS 5/2-1705) Sec. 2-1705. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1706) Sec. 2-1706. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1706.5) Sec. 2-1706.5. (Repealed). (Source: P.A. 94-677, eff. 8-25-05. Repealed by P.A. 97-1145, eff. 1-18-13.)

(735 ILCS 5/2-1707) Sec. 2-1707. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1708) Sec. 2-1708. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1709) Sec. 2-1709. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1710) Sec. 2-1710. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1711) Sec. 2-1711. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1712) Sec. 2-1712. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1713) Sec. 2-1713. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1714) Sec. 2-1714. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1715) Sec. 2-1715. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1716) Sec. 2-1716. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1717) Sec. 2-1717. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1718) Sec. 2-1718. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1719) Sec. 2-1719. (Repealed). (Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)

(735 ILCS 5/2-1801) (from Ch. 110, par. 2-1801) Sec. 2-1801. Mittimus. (a) In all cases, including criminal, quasi-criminal and civil, when a person is imprisoned, incarcerated, confined or committed to the custody of a sheriff, warden, Department of Corrections or other executiv…

(735 ILCS 5/2-1901) (from Ch. 110, par. 2-1901) Sec. 2-1901. Lis Pendens - Operative date of notice. Except as otherwise provided in Section 15-1503, every condemnation proceeding, proceeding to sell real estate of decedent to pay debts, or other action seeking equitable relief, …

(735 ILCS 5/2-1902) (from Ch. 110, par. 2-1902) Sec. 2-1902. Lis Pendens - Bankruptcy. A certified copy of a petition, with schedules omitted, commencing a proceeding under the Bankruptcy Act of the United States or of the order of adjudication in such proceeding, or of the order…

(735 ILCS 5/2-1903) (from Ch. 110, par. 2-1903) Sec. 2-1903. Lis Pendens - Limitation as to Public Officers. In the absence of a permanent or preliminary injunction or temporary restraining order of a court, the bringing or pendency of any action alone, heretofore, or hereafter b…

(735 ILCS 5/2-2001) Sec. 2-2001. Crime victims. A victim of crime as defined in Section 2.3 of the Criminal Victims' Asset Discovery Act shall have a cause of action against a defendant who has been convicted of a crime, or found not guilty by reason of insanity or guilty but men…

(735 ILCS 5/2-201) (from Ch. 110, par. 2-201) Sec. 2-201. Commencement of actions - Forms of process. (a) Every action, unless otherwise expressly provided by statute, shall be commenced by the filing of a complaint. The clerk shall issue summons upon request of the plaintiff. Th…

(735 ILCS 5/2-202) (from Ch. 110, par. 2-202) Sec. 2-202. Persons authorized to serve process; place of service; failure to make return. (a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. In matters where the cou…

(735 ILCS 5/2-203) (from Ch. 110, par. 2-203) Sec. 2-203. Service on individuals. (a) Except as otherwise expressly provided, service of summons upon an individual defendant shall be made (1) by leaving a copy of the summons with the defendant personally, (2) by leaving a copy at…

(735 ILCS 5/2-203.1) (from Ch. 110, par. 2-203.1) Sec. 2-203.1. Service by special order of court. If service upon an individual defendant is impractical under items (1) and (2) of subsection (a) of Section 2-203, the plaintiff may move, without notice, that the court enter an or…

(735 ILCS 5/2-203.2) Sec. 2-203.2. Service on an inmate. For the security of a correctional institution or facility or jail, a process server may be refused entry into that correctional institution or facility or jail. Each correctional institution or facility or jail shall desig…

(735 ILCS 5/2-204) (from Ch. 110, par. 2-204) Sec. 2-204. Service on private corporations. A private corporation may be served (1) by leaving a copy of the process with its registered agent or any officer or agent of the corporation found anywhere in the State; or (2) in any othe…

(735 ILCS 5/2-205) (from Ch. 110, par. 2-205) Sec. 2-205. Service on partnership and partners. (a) A partnership sued in its firm name may be served by leaving a copy of the process with any partner personally or with any agent of the partnership found anywhere in the State. A pa…

(735 ILCS 5/2-205.1) (from Ch. 110, par. 2-205.1) Sec. 2-205.1. Service on voluntary unincorporated associations. A voluntary unincorporated association sued in its own name may be served by leaving a copy of the process with any officer of the association personally or by leavin…

(735 ILCS 5/2-206) (from Ch. 110, par. 2-206) Sec. 2-206. Service by publication; affidavit; mailing; certificate. (a) Whenever, in any action affecting property or status within the jurisdiction of the court, including an action to obtain the specific performance, reformation, o…

(735 ILCS 5/2-207) (from Ch. 110, par. 2-207) Sec. 2-207. Period of Publication - Default. The notice required in the preceding section may be given at any time after the commencement of the action, and shall be published at least once in each week for 3 successive weeks. No defa…

(735 ILCS 5/2-208) (from Ch. 110, par. 2-208) Sec. 2-208. Personal service outside State. (a) Personal service of summons may be made upon any party outside the State. If upon a citizen or resident of this State or upon a person who has submitted to the jurisdiction of the courts…

(735 ILCS 5/2-209) (from Ch. 110, par. 2-209) Sec. 2-209. Act submitting to jurisdiction - Process. (a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and,…

(735 ILCS 5/2-209.1) (from Ch. 110, par. 2-209.1) Sec. 2-209.1. Actions by and against voluntary associations. A voluntary unincorporated association may sue and be sued in its own name, and may complain and defend in all actions. For the purposes of this Code, "voluntary unincor…

(735 ILCS 5/2-210) (from Ch. 110, par. 2-210) Sec. 2-210. Aircraft and Watercraft. (a) For the purposes of this Section: "aircraft" means any contrivance now known, or hereafter invented, used or designed for flight in the air; "watercraft" means any boat, vessel, craft or floati…

(735 ILCS 5/2-2101) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2101. Definitions. For purposes of this Part, the terms listed have the following meanings: "Clear and convincing evidence" means that measure or degree of proof that will produ…