ILLINOIS CIVIL PROCEDURE A. Subject Matter Jurisdiction: power over subject matter of an action part. type of case. 1.

. Objections to a courts lack of SMJ can never be waived or consented to. An objection may be made at any time, before any court level and at the courts own initiative. B. Illinois Court System: 3-Tiered Unified System: (i) circuit, (ii) appellate and (iii) Supreme. 1. Circuit Courts: (A) Courts of original [go there first] and general jurisdiction [jurisdiction over all types of actions unless restricted to another court]. Exception: If there is exclusive jurisdiction in some other forum [must go there]. (i) IL S. Ct: Original, exclusive jurisdiction over: o Issues involving governors vacancy o Issue involving legislative redistricting (ii) Federal Courts: Various kinds of select matters [will tell you in the Q]. (B) Model Answer: Q tells you the issue is one over which the fed courts have ex. jur: As a rule, the circuit courts do have the power to hear all kinds of actions except if there is exclusive jurisdiction in some other forum. In this case, the claim was one in which the federal courts have exclusive jurisdiction. Therefore, there is no jurisdiction in the Illinois circuit courts and the action should be dismissed. (C) Appealing an Order from the Circuit Court: File a notice of appeal within 30 days of the entry of the order. File in the lower court [NOT the appellate court]. 2. Appellate Courts: Appellate jurisdiction only. (A) Rule: Only final orders may be appealed to the Illinois appellate courts. Final Order: An order that leaves nothing left to be done in the lower courts. (i) Exceptions: Partial Final Orders: An order that resolves some claims against some parties, but not all claims against all parties. May be appealed right away if the lower court finds no just reason to delay the appeal. Significant Orders: An order entered by the lower court in the middle of litigation. The lower court and appellate court can agree to an instant appeal if they find: Doubt as to a controlling legal issue [the entire lawsuit will turn on], such that appellate review would materially advance the litigation. 3. Illinois Supreme Court: Has (i) original jurisdiction over certain matters and (ii) appellate jurisdiction. (A) Original Jurisdiction [must go there first]: Governor vacancy & Leg. Redistricting (B) Appellate Jurisdiction: can be (i) mandatory or (ii) discretionary. Mandatory Review: Must review any order from any IL court declaring any statute unconstitutional. Discretionary Review: Discretion to review any other order it pleases. II. Personal Jurisdiction A. Personal Jurisdiction: Power of the IL courts over the defendants person or property. It compels the attendance of the person or property. IL courts have PJ to the maximum extent permitted by the constitution. B. Requirements: (i) IL law must grant PJ and (ii) IL law must be constitutional. 1. IL Law Must Grant PJ: 3 bases: (i) consent, (ii) presence & (iii)Long-Arm Statute. (A) Consent: May be (i) express or (ii) implied.

Express Consent: 3 common situations (i) D will authorize its agent to accept process on its behalf in IL. (ii) D enters into a contract with the clause: I agree to be sued in IL st. court. (iii) D expressly consents to PJ over him/her[can be waived and consented to]. Implied Consent: If D fails to object PJ in a timely manner, it implies consent. (i) In IL, must file objection in 1st response to complaint w/in30 days of serv. (B) Presence: 3 DS: (i) Actual [Dancing], (ii) Domicile and (iii) Doing Business Actual/Dancing Physical Presence: D is served with process in IL [1 sec.] Domicile: Ds true home is in IL and he intends to return [constructive presence]. *Doing Business: The regular, systematic and continuous in-state business [more than mere solicitation or single transaction]. (C) Long-Arm Statute: There is PJ over a D who performs one of the following acts, so long as there is a specific connection between the act and the lawsuit filed. LIMIT L: Land: D owns, uses or possesses land in IL from which the lawsuit derived [tenant skips town]. I: Injury: Injury in IL from Ds tort from which the claim derived. M: Matrimony: D performs an act in IL which gives rise to an action for separation, annulment or divorce [SAD]. I: *Insurance K: D enters into an insurance contract in IL for a risk located in IL from which the lawsuit derived [car garaged in IL]. T: Transaction of Business: Can be a single transaction so long as the lawsuit derived from it. 2. Constitutional: Even IL law grants PJ, it must also be constitutional [sufficient nexus]. (A) PJ is constitutional if: (i) contacts, (ii) fairness and (iii) purposeful availment. The D engaged in such minimum contacts that it would not offend traditional notations of fair play and substantial justice. ( Put another way: Could D reasonably anticipate being sued in IL ct? III. Venue proper (1) where any D resides OR (2) any part of claim arose, except GRAIL G Governmental units may be sued only where its principal office is located; R Real property venue is proper only where the real property is located; A Absent D if no D resides in IL, venue proper in any county; consider ps residence. I IL Insurance Company D where any D or P resides, where any part of the claim arose. L Libel Action where any D resides, OR where libelous article was composed. Remedy for Improper Venue Motion to transfer to a proper venue, must be filed in the first response to the complaint (or objection waived) and will be granted in the Courts discretion, for the convenience of the parties and witnesses. Motion to Change Venue A motion to relocate the action based upon the bias of the inhabitants of the county where the action was filed. Must file 3 affidavits fearing prejudice, before substantial issue on the merits resolved. Forum Non Conveniens Proper suit, but may be dismissed at the courts discretion under forum non conveniens, upon a showing of gross inconvenience to the parties and witnesses. Motion conditional on D agreeing to waive any objection to being sued in an alternative new forum if the plaintiff refiles in that new forum w/in 6 months.

IV. Pleadings IL is a liberal fact pleading state. Complaints (i) Must contain facts, but liberally construed to do justice; (ii) need not be verified (facts sworn to by person w/personal knowledge), but if verified, all subsequent pleadings must be verified; (iii) if complaint based on a written instrument, must attach same as exhibit; (iv) no punitive damages until judge believes the claim is warranted, if granted, then amend complaint accordingly; (v) if seeking primarily monetary damages, right to trial by jury exists, if demanded in the complaint. Answer (i) D must precisely admit all allegations that are true; (ii) D may precisely deny all allegations that are not true; (iii) D may state they have insufficient information from which to admit or deny, but must attach an affidavit swearing due inquiry conducted; (iv) true affirmative defenses (admits facts are true, but asserts defense) must be plead in the answer or else waived; (v) trial by jury available to D, if demand made in answer. Amendments Liberal policy; liberally granted on just and reasonable terms to serve the merits. Relation Back Amendments to the complaint that add claims or parties which are themselves not timely, may nonetheless relate back in time to the date of the original timely filed complaint and conform with the statute of limitations. Of Claims: New claims relate back IF they derive from the same transaction or occurrence as the original timely filed claim. Of Parties: KISS requirements (all must be met): Knowledge: New party must have knowledge of the complaint such that it would not be prejudiced by its addition to the Complaint as a party; Identity Mistake: The original named defendant was a mistake; Service of Process Timeframe: The new party must acquire knowledge of that mistake w/in SOP timeframe (may be after SOL; IL reasonable diligence); & Sameness: The claims against the new party derive from the same transaction or occurrence as the original timely filed claim. Statute of Limitations If personal injury tort claim, 2 yrs from discovery; extended if P is under 18 or disabled so that P gets 2 yrs to file from disability removed (e.g. reaches 18). 30 days to answer, move to dismiss or bring a counterclaim (any but judge may order different trials) or a cross-claim or a third-party claim. Injunctions: Temporary Restraining Order (TRO) obtained only when immediate irreparable injury will result expires in10 days. Preliminary injunctions available when there is: a clearly ascertainable right entitled to protection, there will be irreparable harm if not protected, no adequate remedy available at law, plaintiff has a substantial likelihood of success on the merits, plaintiff would suffer greater harm without the injunction than defendant if it is rendered. Permanent injunctions available when there is: a clearly ascertainable right entitled to protection, there will be irreparable harm if not protected, no adequate remedy available at law, plaintiff has a prevailed om the merits, plaintiff would suffer greater harm without the injunction than defendant if it is rendered.
Motions to Dismiss: Motion for dismiss for improper service - can be filed when the service was improper. Motion 2-615 attacks to a complaint because it is improperly pleaded on its face (the allegations are insufficient and fail to sustain a cause of action). Must be filed before an answer. Motion 2-619 Something outside the complaint defeats the claim (SOL, affirmative defenses, etc..) May be filed with the answer and the dismissal will be with prejudice. Motion for Summary Judgment nay be brought by the movant when there is no genuine issue as to any material fact and the moving party is entitles to judgment as a matter of law. Motion for a bill of particulars when the complaint is wanton in detail and cannot be answered.

V. Service of Process [Complaint & Summons] on Defendants to obtain PJ over D A. Mechanics of Proper Service 1. By: (A) Sheriff, (B) Deputy & (C) Any non-party over 18 years appointed by the court. 2. Time Frames for Effective Service [no set number]: Authorized p.server must use reasonable diligence; summons expires 30 d from issuance. B. Proper Service 1. Requirements: (i) Method must be proper under IL rules and (ii) Constitutional. (A) Proper Under IL Rules: Service on Individuals: Either (i) personal service, (ii) abode or (iii) waiver. PAW (i) P: Personal Service: Authorized process server making in-hand personal service on the person of or vicinity of a reluctant D [wing-span]. (ii) A: Abode Service: Authorized process server may leave at Ds last and usual abode with a person who is 13 year of age or older who is a household member and must inform the 13 year old of the contents and mail a copy to the same address. [AT HIM]: Abode, Thirteen, Household, Inform & Mail (iii) W: Waiver: P may mail a copy of the complaint with a request that D waive formal process. D gets 60 instead of 30 days to respond. Service on Entities: Personal service on an authorized agent, qualified agent or any single partner in a partnership. A qualified agent is any agent who has an appreciation of the need to transmit the process to the responsible person. For partnerships can serve ANY partner and mail it to all other involved partners.
Joinder Liberal (claims/parties freely joined) and permissive (no compulsory joinder in IL) Of Claims P may join as many claims against D regardless of whether there is any connection whatsoever between those joined claims. Of Parties Parties may be joined so long as the claims derive from the same transaction or occurrence or at least the same series of transactions and occurrences. Or a D is necessary for the complete determination of the case. Impleader = Third Party Claims for All (Indemnity) or Part (Contribution) Interpleader = Common fund + rival claimants (proactive measure). Intervention = Act of a non-party in moving to become a party in an ongoing suit. As of right = Interest adversely affected + not adequately protected or Permissive = Discretionary and commonality of issues Class Actions = The judge must grant class certification; order notice to the class (reasonably calculated to apprise intended class members); and approve any settlement of the action. Class Certification Requirements for ALL Types of Class Actions: NAACP N Numerosity: Class so numerous that joinder impracticable; 40 > plaintiffs will suffice; A Adequacy: Named plaintiff and class counsel must fairly and adequately represent the class; A Appropriateness: Class action appropriate method of adjudicating multiple claims;

C Commonality: If there are common issues of fact or law that pertains to the class; P Predominance: The common issues must predominate over the individual issues. Discovery - Must be proper method and within the proper scope. Methods - Must be proper - Automatic prompt disclosure If controversy is 50K or less; must disclose all factual and legal bases for claims/defenses; all potential testifying Ws; all relevant docs; damages calculations; and relevant insurance coverage. - Depositions - Presumed to be a discovery deposition; limited (3 hours max); *If evidence dep, then must be designated in a notice; may be used at trial as evidence if deponent is unavailable or is a health care professional. *If third-party, must bring subpoena and pay them a fee. - Pretrial Disclosure of Testifying Ws - Request through interrogatories - Request to produce (document demand) cant be unduly burdensome and can be turned in as kept in the ordinary course of business. - Request to admit Must answer w/in 28 d or admitted. ant be unduly burdensome and can be turned in as kept in the ordinary course of business. - P&M Examination P or M health must be at issue, have a court order, get a licensed practitioner, pay lost earnings, fee and issue a report within 21 d. Controlled Testifying Experts - Retained by party. Full disclosure of qualifications/opinions required. Independent Testifying Experts - Not retained by party. Topics, summaries of their opinions must be disclosed. Lay Testifying Witnesses - Topics of their testimony must be disclosed. - Duty to Supplement -Automatic and ongoing duty to update prior disclosures w/in areasonable time upon discovery of new information. Proper Scope - Relevant (liberal, broad, need not be admissible) and not privileged. - Work Product (prepared for litigation) - Attys mental impressions (never); all others are freely discoverable Failure to comply with Discovery file motion to compel: court can order compliance, assess monetary fine, strike pleadings and issue a default judgment. Adjudication w/o Trial and Motions Voluntary Dismissal dismissed w/o prejudice before trial starts but does not dismiss counterclaims (may re-file w/ the longest of 1 year or SOL) Involuntary Dismissal Party does not appear. P must still prove damages. D can set it aside via motion to vacate w/ 30 days. Declaratory Judgment Equitable, binding declaration of rights w/ force of final judgment. Substitute Judge = Absolute right, once; before substantial merits resolved. Plaintiffs Voluntary Dismissal w/o Prejudice Once before hearing or counterclaim by D. Defendants 2-615 Attacking Complaint - Preanswer motion striking allegations or dismissing claims as invalid on their face; Answer waives motion; No extrinsic material. Defendants 2-619 Motion to Dismiss the Complaint May be filed with the answer; Based on affirmative matter that defeats the claim; may be outside the complaint. Summary Judgment - No genuine issue of material fact; judgment proper as a matter of law. Directed Verdict (Judgment as a Matter of Law) - After adversary rests, if the evidence so overwhelmingly favors movant + no reasonable jury could find for the non-movant. JNOV (Renewed Judgment as a Matter of Law) - After verdict, evidence so overwhelmingly favored movant + no reasonable jury could have found the way they did.

New trial - Discretionary for substantial trial errors or verdict is against the manifest weight of the evidence. Motion to Vacate default - liberally granted, if filed w/in 30 days (60 days if waiver) Relief from Judgment -Must be filed between 30 days and 2 years; consider MEND Merit, Equity, New facts, Due diligence; extraordinary remedy. Trial and Post-Trial Right to jury trial if $ damages sought. Voir Dire (5 preemptory, unlimited for cause). Claim Preclusion or Res Judicata when Final judgment (includes default) + parties are the same + causes of action are the same. Issue preclusion or Collateral Estoppel Issue the same + one party the same + final judgment on the merits (not default judgment)