You are on page 1of 6

Illinois Civil Procedure I. Subject Matter Jurisdiction A.

Definition: Power of the Illinois Courts over the subject of an action B. Illinois court System: 3 tiered and unified C. Illinois’ Three-Tiers: 1. IL trial courts – circuit courts 2. Appellate courts 3. Supreme court D. Subject Matter Jurisdiction of Circuit Courts 1. Rule: The Circuit Courts are courts of original and general jurisdiction. As a rule IL Circuit Courts have subject matter jurisdiction over all actions. 2. Exceptions: Exclusive jurisdiction elsewhere a. Illinois Supreme Court: i. governor’s vacancies ii. legislative redistricting b. Federal courts: admiralty, maritime, bankruptcy E. The IL Appellate Courts are courts of appellate jurisdiction which means they have jurisdiction only over appeals 1. Rule: As a rule only final orders may be appealed. A final order is an order which leaves nothing to be done in the lower court. 2. Exceptions: a. Partial final orders: An order resolving same claims but not all claims. A partial final order may be appealed right away if the lower court finds no just reason for delaying appeal. b. Significant Orders: F. IL Supreme Court: 1. Original Jurisdiction: governor vacancies & legislative redistricting 2. Appellate Jurisdiction: a. Mandatory: must review any order entered by any court declaring any statute (federal or state) unconstitutional (under any constitutional) b. Discretionary: may in its discretion review any order it chooses G. Subject Matter Jurisdiction Quirks: 1. notice of appeal from order must be filed within 30 days of the entry of the order, in the lower court that issued the order. 2. Waiver or consent: lack of subject matter jurisdiction cannot be waived and can be raised at anytime II. Personal Jurisdiction A. Definition: Personal jurisdiction is the power of the IL court over the defendant’s person or property. B. IL Courts have personal jurisdiction if two things are true: 1. IL grants personal jurisdiction 2. IL law is constitutional


The method of process must be proper. Personal jurisdiction is constitutional is. uses. abode service: leave process at the Δ’s last + usual abode with 13 or older household member informing of contents and mails copy 3. Basic Methods of proper service on individuals are: 1. Consent a. Service of Process A. Matrimony actions – act by Δ leading to separation. Process is proper if two things are true: 1. if Δ fails to object in first response p. actual voluntary presence in IL when process served b. Issue is whether Δ has purposely availed itself of benefits of IL III. Presence a. waived ii. Insurance contracts – Δ enters insurance risk for IL risk e. etc d. Express i. Δ expressly consents to personal jurisdiction b.. regular systematic regular and continuous systematic business in IL 3. waiver . the Δ engaged in such “minimum contacts” that it would not offend traditional notions of fair play and substantial justice 2. Implied i. Personal service (hand or vicinity) 2. method must be constitutional C.j. divorce. and 2. Service of process is constitutional if it is reasonably calculated to apprise interested parties of litigation D. generally 30 days from service to respond 2. parties entered into a contract stating litigation in IL iii. Basic methods of process of entities 2 . Injury in IL from Δ’s tort c. there are three bases for personal jurisdiction: 1.Π mails the complaint and Δ accepts (60 days to respond) E.j. Transaction of business so long as claim derives from transaction E. IL courts now have personal jurisdiction to the maximum extent permitted by the constitution. or posses land in IL from which suit derives b. Under the IL law. law must be constitutional 1. Long-arm statutes (must be specific connection between act and lawsuit) (LIMIT) a. Δ’s true home is in IL and they intend to return (constructive) c. Authorized to serve: anyone authorized by court (non party) B. Land – Δ owns. D. Δ expressly in writing authorized agent to accept process on its behalf ii. Even if law grants p.C.

amendments) A. dismissed c. discretionary b. Five characteristics: a. Real property is located c. mail to Δ’s last known address. Requirements: a. Publication is only available if: 1. Libel actions – venue is proper 3. IL insurance company – Π’s residence also proper venue e. IL is a liberal fact pleading state 3 .m. Remedy for Improper Venue: motion to transfer from any county to another county where new venue is proper and court discretion B. action must involve the Δ’s property in IL 2. Rule for corporations and partnerships: personal service on authorized agent or qualified agent or any partner 2. Absent Δs – all Δs reside outside of IL then any county proper d. any Δ resides b.1. publish once a week for 3 weeks in newspaper where action pending IV. gross d. any part of cause of action arose 2. Governmental entities may be sued where their principle office is located b. Forum Non Conveniens 1. and p.j. Time limit: must file motion before any substantial legal issue resolved C. Even though the forum has proper s. and venue. Venue is proper where either: a. others can be served by mail (except those not in IL) F. conditional – on Δ’s agreement to waive objection to service when Π refiles in 6 months V. Venue exceptions (GRAIL): a. Pleadings (complaints. file affidavit swearing fear of prejudice by inhabitants b. inconvenience e. Complaints 1.j. it is so inconvenient that the action should be dismissed 2. File an affidavit swearing that: Δ is outside IL or after due inquiry no service 3. Venue and related issues A. 2 supporting affidavits from inhabitants 3. answers. Partnership exception: One partner served personally. if known 4. Motion to change venue 1. Motion to relocate the action based on bias or prejudice of the inhabitants if the county where the action was filed 2. Venue 1.

Claims: may join as many claims against a Δ C. Answers 1. can also admit nor deny but requires affidavit 2. Claims: adding claim against new Δ – requires brand new claims must derive from the same transaction or occurrence as the originally timely filed claims c. Definition: amendment to complaint which is not timely b. as of right: interest will be adversely affected and not protected by other parties 4 . answer must: a. Impleader – may join new 3rd party if they may be partly liable to Δ E. complaints must contain facts constituting a cause of action 3. admit those allegation that are true b. Parties: same series of transaction of occurrences D. sameness – must arise from same transaction or occurrence d. Complaint quirks a. affirmative defenses must be raised in answer or are waived 3. punitive damages may not initially be prayed for. trial by jury – if for money and demanded in complaint B. Relation back of amendments to conform to statute of limitations period a. Rule: Amendments shall be liberally granted to do justice and serve the merits of litigation 2. Amendments (liberal) 1. coma) VI. extension of limitations period: 2 years from date disability is removed (under 18 or legal disability. Joinder A. Liberal and permissive joining together of claims or parties in the same action B. verified complaints – sworn to by someone with knowledge of the facts alleged.2. Interpleader – holder of common fund may interplead every rival claimant F.judge decides d. deny those allegation that are not true c. Tested Statute of Limitations Issue: i. inadvertence – inadvertent mistake by not naming iii. In IL. if done once must continue throughout b. service of process – must receive knowledge before service of process must be made iv. Trial by jury: demand must be in answer C. Intervention – act of non party in an ongoing lawsuit to become party 1. knowledge – brand new party must have knowledge of the claims such that it would not be prejudiced ii. personal injury tort claims: two years from your discovery of personal injury claims ii. complaints based on written instrument must contain copy c. Parties (KISS): i.

relevant insurance coverage 2. all relevant documents d. method of discovery is proper 2. Five class certification requirements for ALL types of class actions (NAACP): a. Proper Scope of discovery 1. automatic Prompt disclosure – amount 50k or less a. evidence: must be affirmatively labeled if to be used for evidence (health care providers) 3.2. numerousity (more than 40) b. all factual and legal basis for claims and defenses b. Duty to supplement – automatic duty to update disclosures C. computation of damages e. adequacy – interests protected c. predominance – common issues predominate. Material is within scope of discovery if it is relevant and not privileged 2. mental impressions of attorney – never discoverable 5 . not privileged . Proper Methods of Discovery in IL: 1. reasonably calculated to apprise interested parties of litigation c. Material is discoverable if two things are true: 1. Lay testifying witnesses: topics on which they will testify 4. depositions: only discovery device that can be used on non-party a. Requirement: tremendous judicial involvement a. independent testifying experts: response must contain a statement of topics on which they will testify c. relevance: literal relevance to any party or claim or any defense 3. appropriateness – device must be appropriate d. discovery: all discovery assumed to be used for discovery only b. material support must be within proper scope of discovery as well B. Discovery A. individual issue VII. Permissive (discretionary): commonality of issues between those in ongoing lawsuit and those effecting the intervenor G. judge must grant class certification b. Pre-trial disclosure of testifying witnesses: must serve interrogatories on parties requesting information about their trial witnesses a. controlled testifying experts: must provide all qualification and full report of all opinions to be offered b. work product – means material that has been prepared for litigation a. commonality – common issue e. judge must approve any settlement of class action 3. Class actions 1. A class action is an action in which the named plaintiff represents a class of commonly situated absent plaintiffs 2. all potential witnesses c.material that is privileged is not discoverable 4.

time requirement: must file petition between 30 days and 2 years after entry of judgment 2. Motion to vacate a default judgment: liberally granted w/i 30 days of judgment J. Motions A. petition for relief from judgment: extraordinary remedies for judgments tainted by fraud or perjury 1. there were errors affecting parties substantial trial rights b. Due diligence . Equity demands relief c. motion for summary judgment . Motion to substitute judges: each side has absolute right to make a motion to substitute judges and it will be automatically granted. the verdict was merely against the manifest weight of the evidence I. based on outside matter that defeats the cause of action E. Motion for a new trial: granted at courts discretion a. evidence must overwhelmingly favor the moving party G. Δ’s §2-619 motion to dismiss complaint may be raised in the answer. Motion for JNOV (renewed judgment as a matter of law): after verdict judgment may be granted for loser if evidence overwhelmingly in their favor H. New facts cast doubt on judgment d. Δ’s §2-615 motions attacking the complaint – pre-answer motion that will be waived if not filed before the answer (attack face of complaint) facts discovered despite due diligence 6 . all other types – freely discovered VII. Motion for directed verdict (judgment as a matter of law): after the adversary rests.enter judgment w/o trial (no genuine issue of material fact) F.b. Plaintiff’s motion for voluntary dismissal without prejudice – Π has absolute right to take a voluntary dismissal before hearing on the merits unless Δ files counterclaim C. must be for resolution of any substantial issue B. showing required (MEND) a. Merit – there is merit to petitioners claim or defense b.