Illinois 2025-2026 Regular Session

Illinois House Bill HB1391 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB1391 EngrossedLRB104 06058 JRC 16091 b HB1391 Engrossed LRB104 06058 JRC 16091 b
2		-	HB1391 Engrossed LRB104 06058 JRC 16091 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1391 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-213 from Ch. 110, par. 2-213 Amends the Code of Civil Procedure. Deletes provisions that a defendant may refuse to waive service of summons. Provides that if a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant (1) the expenses later incurred in making service and (2) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses. LRB104 06058 JRC 16091 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1391 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-213 from Ch. 110, par. 2-213 735 ILCS 5/2-213 from Ch. 110, par. 2-213 Amends the Code of Civil Procedure. Deletes provisions that a defendant may refuse to waive service of summons. Provides that if a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant (1) the expenses later incurred in making service and (2) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses. LRB104 06058 JRC 16091 b LRB104 06058 JRC 16091 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1391 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
	3	+	735 ILCS 5/2-213 from Ch. 110, par. 2-213 735 ILCS 5/2-213 from Ch. 110, par. 2-213
	4	+	735 ILCS 5/2-213 from Ch. 110, par. 2-213
	5	+	Amends the Code of Civil Procedure. Deletes provisions that a defendant may refuse to waive service of summons. Provides that if a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant (1) the expenses later incurred in making service and (2) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses.
	6	+	LRB104 06058 JRC 16091 b LRB104 06058 JRC 16091 b
	7	+	LRB104 06058 JRC 16091 b
	8	+	A BILL FOR
	9	+	HB1391LRB104 06058 JRC 16091 b HB1391 LRB104 06058 JRC 16091 b
	10	+	HB1391 LRB104 06058 JRC 16091 b
3	11		1 AN ACT concerning civil law.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Code of Civil Procedure is amended by
7	15		5 changing Section 2-213 as follows:
8	16		6 (735 ILCS 5/2-213) (from Ch. 110, par. 2-213)
9	17		7 Sec. 2-213. Waiver of service.
10	18		8 (a) Notice and request for waiver. A plaintiff may notify
11	19		9 a defendant of the commencement of an action and request that
12	20		10 the defendant waive service of a summons. The notice and
13	21		11 request shall be in writing in a form prescribed by Supreme
14	22		12 Court rule. The notice and request shall:
15	23		13 (1) be addressed to an individual who is the defendant
16	24		14 or who could be served as representative of an entity that
17	25		15 is the defendant;
18	26		16 (2) be dispatched through first class U.S. mail or
19	27		17 other equally reliable means;
20	28		18 (3) contain a copy of the complaint and identify the
21	29		19 court in which it has been filed;
22	30		20 (4) inform the defendant of the consequences of
23	31		21 compliance and of a failure to comply with the request;
24	32		22 (5) allow the defendant a reasonable time to return
25	33		23 the waiver, which shall be at least (i) 30 days from the
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29		-	HB1391 Engrossed LRB104 06058 JRC 16091 b
	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1391 Introduced , by Rep. Mary Beth Canty SYNOPSIS AS INTRODUCED:
	38	+	735 ILCS 5/2-213 from Ch. 110, par. 2-213 735 ILCS 5/2-213 from Ch. 110, par. 2-213
	39	+	735 ILCS 5/2-213 from Ch. 110, par. 2-213
	40	+	Amends the Code of Civil Procedure. Deletes provisions that a defendant may refuse to waive service of summons. Provides that if a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant (1) the expenses later incurred in making service and (2) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses.
	41	+	LRB104 06058 JRC 16091 b LRB104 06058 JRC 16091 b
	42	+	LRB104 06058 JRC 16091 b
	43	+	A BILL FOR
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	49	+	735 ILCS 5/2-213 from Ch. 110, par. 2-213
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34	68		1 date on which the request is sent or (ii) 60 days if the
35	69		2 defendant is addressed outside the United States; and
36	70		3 (6) provide the defendant with an extra copy of the
37	71		4 notice and request and prepaid means of compliance in
38	72		5 writing.
39	73		6 (b) Limits on waiver. A defendant who waives service of a
40	74		7 summons in the manner provided in subsection (a) does not
41	75		8 thereby waive any objection to the venue or to the
42	76		9 jurisdiction of the court over the person of the defendant.
43	77		10 (c) Time to appear or answer. A defendant who returns a
44	78		11 timely waiver of service is not required to appear or serve an
45	79		12 answer to the complaint until (i) 60 days from the date on
46	80		13 which the request for waiver of service was sent or (ii) 90
47	81		14 days if the defendant was addressed outside of the United
48	82		15 States.
49	83		16 (d) Effect of filing. When a waiver of service is filed by
50	84		17 the plaintiff with the court, the action shall proceed as if a
51	85		18 summons and complaint had been served at the time of filing of
52	86		19 the waiver, and no proof of service shall be required.
53	87		20 (e) Right to refuse to waive service; effect of refusal. A
54	88		21 defendant may refuse to waive service of a summons. If a
55	89		22 defendant does not return the waiver provided for in
56	90		23 subsection (a), the plaintiff must serve summons on that
57	91		24 defendant as otherwise provided by this Code and Supreme Court
58	92		25 rules. If a defendant located within the United States fails,
59	93		26 without good cause, to sign and return a waiver requested by a
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70		-	1 plaintiff located within the United States, the court must
71		-	2 impose on the defendant (1) the expenses later incurred in
72		-	3 making service and (2) the reasonable expenses, including
73		-	4 attorney's fees, of any motion required to collect those
74		-	5 service expenses.
75		-	6 (Source: P.A. 87-352.)
	102	+	HB1391- 3 -LRB104 06058 JRC 16091 b HB1391 - 3 - LRB104 06058 JRC 16091 b
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	109	+	HB1391 - 3 - LRB104 06058 JRC 16091 b