CIV PRO-VENUE CORPORATIONS
One significant change proposed by SB3595 is its redefinition of residency for corporations and partnerships. Under the new provisions, corporations organized or authorized to do business in Illinois will only be considered residents in the counties where they maintain a registered office or other physical location, rather than wherever they conduct business. This could lead to a higher likelihood of cases being dismissed for lack of proper venue if no suitable connection to Illinois can be established, thereby affecting the rights of individuals and entities in legal disputes.
SB3595, introduced by Senator Jil Tracy, aims to amend the Code of Civil Procedure regarding the venue for civil actions. The proposed legislation specifies that if none of the parties joined in good faith as defendants in a civil case are residents of Illinois, then the action may only commence in the state within the county where the transaction that led to the lawsuit occurred. This change serves to clarify the jurisdictional boundaries for lawsuits involving parties outside the state, thereby potentially reducing the number of cases filed in jurisdictions where they have little or no connection.
There are potential points of contention surrounding this bill. Advocates argue that it streamlines legal processes and provides clearer guidelines on jurisdiction, which is beneficial for both plaintiffs and defendants. However, critics may express concern that the legislation could disadvantage plaintiffs by making it more difficult to pursue legitimate claims against out-of-state defendants who might otherwise be subject to Illinois law. The shift could particularly impact consumers and individuals seeking redress against larger corporations with extensive operations in multiple states but little tangible presence in Illinois.