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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6846
Introduced 02/09/04, by Jay C. Hoffman SYNOPSIS AS INTRODUCED:
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735 ILCS 5/2-402 |
from Ch. 110, par. 2-402 |
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Amend the Code of Civil Procedure. Provides that an extension of the 6 month period of discovery for persons or entities named as respondents shall be permitted upon a showing of good cause, including but not limited to a failure or refusal on the part of the respondent to comply with timely filed discovery. Effective immediately.
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A BILL FOR
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HB6846 |
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LRB093 14784 LCB 47096 b |
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| AN ACT concerning civil procedure.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by |
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| changing 2-402 as
follows:
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| (735 ILCS 5/2-402)
(from Ch. 110, par. 2-402)
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| (Text of Section WITHOUT the changes made by P.A. 89-7, |
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| which has been held
unconstitutional)
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| Sec. 2-402. Respondents in discovery. The plaintiff
in any |
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| civil action may designate as
respondents in discovery in his |
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| or her pleading those individuals or
other entities, other than
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| the named defendants, believed by the plaintiff to have |
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| information essential
to the determination of who should |
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| properly be named as additional
defendants in the action.
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| Persons or entities so named as respondents in discovery |
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| shall be required
to respond to discovery by the plaintiff in |
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| the same manner as are
defendants and may, on motion of the |
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| plaintiff, be added as defendants
if the evidence discloses the |
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| existence of probable cause for such
action.
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| A person or entity named a respondent in discovery may upon |
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| his or
her own motion be
made a defendant in the action, in |
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| which case the provisions of this
Section are no longer |
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| applicable to that person.
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| A copy of the complaint shall be served on each person or |
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| entity named as a
respondent in discovery.
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| Each respondent in discovery shall be paid expenses and |
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| fees as
provided for witnesses.
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| A person or entity named as a respondent in discovery in |
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| any civil action may
be made a defendant in the same action at |
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| any time within 6 months after
being named as a respondent in |
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| discovery, even though the time during
which an action may |
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| otherwise be initiated against him or her may have expired
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