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. governors 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 defendants person or property. B. IL Courts have personal jurisdiction if two things are true: 1. IL grants personal jurisdiction 2. IL law is constitutional

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

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

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

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

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