(735 ILCS 5/2‑402)
(from Ch. 110, par. 2‑402)
Sec. 2‑402.
Respondents in discovery.
The plaintiff in any civil action may designate as respondents in discovery in his or her pleading those individuals or other entities, other than the named defendants, believed by the plaintiff to have information essential to the determination of who should properly be named as additional defendants in the action.
Persons or entities so named as respondents in discovery shall be required to respond to discovery by the plaintiff in the same manner as are defendants and may, on motion of the plaintiff, be added as defendants if the evidence discloses the existence of probable cause for such action.
A person or entity named a respondent in discovery may upon his or her own motion be made a defendant in the action, in which case the provisions of this Section are no longer applicable to that person.
A copy of the complaint shall be served on each person or entity named as a respondent in discovery.
Each respondent in discovery shall be paid expenses and fees as provided for witnesses.
A person or entity named as a respondent in discovery in any civil action may be made a defendant in the same action at any time within 6 months after being named as a respondent in discovery, even though the time during which an action may otherwise be initiated against him or her may have expired during such 6 month period. An extension from the original 6‑month period for good cause may be granted only once for up to 90 days for (i) withdrawal of plaintiff's counsel or (ii) good cause. Notwithstanding the limitations in this Section, the court may grant additional reasonable extensions from this 6‑month period for a failure or refusal on the part of the respondent to comply with timely filed discovery.
The plaintiff shall serve upon the respondent or respondents a copy of the complaint together with a summons in a form substantially as follows:
"STATE OF ILLINOIS
COUNTY OF ..................
IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
(or, In the Circuit Court of the ............ Judicial Circuit)
...................
Plaintiff(s),
v.
No.
.................
.................,
Defendant(s),
and
PLEASE SERVE:
.................
.................,
Respondent(s) in Discovery.
SUMMONS FOR DISCOVERY
TO RESPONDENT IN DISCOVERY:
YOU ARE HEREBY NOTIFIED that on ................, 20.....
| , a complaint, a copy of which is attached, was filed in the above Court naming you as a Respondent in Discovery. Pursuant to the Illinois Code of Civil Procedure Section 2‑402 and Supreme Court Rules 201 et. seq., and/or Court Order entered on .................................., the above named Plaintiff(s) are authorized to proceed with the discovery of the named Respondent(s) in Discovery. | |
YOU ARE SUMMONED AND COMMANDED to appear for deposition, |
| before a notary public (answer the attached written interrogatories), (respond to the attached request to produce), (or other appropriate discovery tool). | |
We are scheduled to take the oral discovery deposition of |
| the above named Respondent, .................................., on ........................, 20..., at the hour of ..... a.m./p.m., at the office ..........................................., Illinois, in accordance with the rules and provisions of this Court. Witness and mileage fees in the amount of ....................... are attached (or) | |
(serve the following interrogatories, request to produce, or |
| other appropriate discovery tool upon Respondent, ....................... to be answered under oath by Respondent, ............................, and delivered to the office of ................................., Illinois, within 28 days from date of service). | |
TO THE OFFICER/SPECIAL PROCESS SERVER:
This summons must be returned by the officer or other |
| person to whom it was given for service, with endorsement or affidavit of service and fees and an endorsement or affidavit of payment to the Respondent of witness and mileage fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed. | |
WITNESS, .....................
..............................
Clerk of Court
Date of Service: .........., 20...
(To be inserted by officer on copy left
with Respondent or other person)
Attorney No.
Name:
Attorney for:
Address:
City/State/Zip:
Telephone:".
This amendatory Act of the 94th General Assembly applies to causes of action pending on or after its effective date.
(Source: P.A. 94‑582, eff. 1‑1‑06.) |
(735 ILCS 5/2‑403) (from Ch. 110, par. 2‑403)
Sec. 2‑403. Who may be plaintiff ‑ Assignments ‑ Subrogation. (a) The assignee and owner of a non‑negotiable chose in action may sue thereon in his or her own name. Such person shall in his or her pleading on oath allege that he or she is the actual bona fide owner thereof, and set forth how and when he or she acquired title. The action is subject to any defense or set‑off existing before notice of the assignment.
(b) In all cases in which the chose in action consists of wages due or to become due to the assignor thereof from the defendant in the action, at least 5 days' written notice of the pendency of the action shall be served upon the assignor, before the trial of the same. Upon application of the assignor of the chose in action the court shall allow him or her to intervene and be made a party to the action. The assignor, or the defendant to the action on behalf of the assignor, shall be allowed to set up or affirmatively maintain any just setoff, discount or defense which the assignor may have to the assignment of the chose in action, or to the indebtedness, the payment of which is secured by the assignment of the chose in action. The court, by jury or otherwise, shall ascertain the amount of the indebtedness remaining due and unpaid from the assignor to the assignee of the chose in action. The judgment, if any, against the defendant shall not exceed the amount so found to be due and unpaid from the assignor to the assignee of the chose in action. Judgment for the balance, if any, remaining due from the defendant, upon the assigned chose in action, shall be rendered in favor of the assignor and against the defendant in the action or proceeding. The court may enter any order as to costs in the proceeding that may be equitable.
(c) Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee; and the subrogee shall in his or her pleading on oath, or by his or her affidavit if pleading is not required, allege that he or she is the actual bona fide subrogee and set forth how and when he or she became subrogee.
(d) A judgment in an action brought and conducted by a subrogee by virtue of the subrogation provision of any contract or by virtue of any subrogation by operation of law, whether in the name of the subrogor or otherwise, is not a bar or a determination on the merits of the case or any aspect thereof in an action by the subrogor to recover upon any other cause of action arising out of the same transaction or series of transactions.
(Source: P.A. 83‑707.) |
(735 ILCS 5/2‑405) (from Ch. 110, par. 2‑405)
Sec. 2‑405. Joinder of defendants. (a) Any person may be made a defendant who, either jointly, severally or in the alternative, is alleged to have or claim an interest in the controversy, or in any part thereof, or in the transaction or series of transactions out of which the controversy arose, or whom it is necessary to make a party for the complete determination or settlement of any question involved therein, or against whom a liability is asserted either jointly, severally or in the alternative arising out of the same transaction or series of transactions, regardless of the number of causes of action joined.
(b) It is not necessary that each defendant be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him or her; but the court may make any order that may be just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which such defendant may have no interest.
(c) If the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, and state his or her claim against them in the alternative in the same count or plead separate counts in the alternative against different defendants, to the intent that the question which, if any, of the defendants is liable, and to what extent, may be determined as between the parties.
(Source: P.A. 82‑280.) |
(735 ILCS 5/2‑402)
(from Ch. 110, par. 2‑402)
Sec. 2‑402.
Respondents in discovery.
The plaintiff in any civil action may designate as respondents in discovery in his or her pleading those individuals or other entities, other than the named defendants, believed by the plaintiff to have information essential to the determination of who should properly be named as additional defendants in the action.
Persons or entities so named as respondents in discovery shall be required to respond to discovery by the plaintiff in the same manner as are defendants and may, on motion of the plaintiff, be added as defendants if the evidence discloses the existence of probable cause for such action.
A person or entity named a respondent in discovery may upon his or her own motion be made a defendant in the action, in which case the provisions of this Section are no longer applicable to that person.
A copy of the complaint shall be served on each person or entity named as a respondent in discovery.
Each respondent in discovery shall be paid expenses and fees as provided for witnesses.
A person or entity named as a respondent in discovery in any civil action may be made a defendant in the same action at any time within 6 months after being named as a respondent in discovery, even though the time during which an action may otherwise be initiated against him or her may have expired during such 6 month period. An extension from the original 6‑month period for good cause may be granted only once for up to 90 days for (i) withdrawal of plaintiff's counsel or (ii) good cause. Notwithstanding the limitations in this Section, the court may grant additional reasonable extensions from this 6‑month period for a failure or refusal on the part of the respondent to comply with timely filed discovery.
The plaintiff shall serve upon the respondent or respondents a copy of the complaint together with a summons in a form substantially as follows:
"STATE OF ILLINOIS
COUNTY OF ..................
IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
(or, In the Circuit Court of the ............ Judicial Circuit)
...................
Plaintiff(s),
v.
No.
.................
.................,
Defendant(s),
and
PLEASE SERVE:
.................
.................,
Respondent(s) in Discovery.
SUMMONS FOR DISCOVERY
TO RESPONDENT IN DISCOVERY:
YOU ARE HEREBY NOTIFIED that on ................, 20.....
| , a complaint, a copy of which is attached, was filed in the above Court naming you as a Respondent in Discovery. Pursuant to the Illinois Code of Civil Procedure Section 2‑402 and Supreme Court Rules 201 et. seq., and/or Court Order entered on .................................., the above named Plaintiff(s) are authorized to proceed with the discovery of the named Respondent(s) in Discovery. | |
YOU ARE SUMMONED AND COMMANDED to appear for deposition, |
| before a notary public (answer the attached written interrogatories), (respond to the attached request to produce), (or other appropriate discovery tool). | |
We are scheduled to take the oral discovery deposition of |
| the above named Respondent, .................................., on ........................, 20..., at the hour of ..... a.m./p.m., at the office ..........................................., Illinois, in accordance with the rules and provisions of this Court. Witness and mileage fees in the amount of ....................... are attached (or) | |
(serve the following interrogatories, request to produce, or |
| other appropriate discovery tool upon Respondent, ....................... to be answered under oath by Respondent, ............................, and delivered to the office of ................................., Illinois, within 28 days from date of service). | |
TO THE OFFICER/SPECIAL PROCESS SERVER:
This summons must be returned by the officer or other |
| person to whom it was given for service, with endorsement or affidavit of service and fees and an endorsement or affidavit of payment to the Respondent of witness and mileage fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed. | |
WITNESS, .....................
..............................
Clerk of Court
Date of Service: .........., 20...
(To be inserted by officer on copy left
with Respondent or other person)
Attorney No.
Name:
Attorney for:
Address:
City/State/Zip:
Telephone:".
This amendatory Act of the 94th General Assembly applies to causes of action pending on or after its effective date.
(Source: P.A. 94‑582, eff. 1‑1‑06.) |
(735 ILCS 5/2‑403) (from Ch. 110, par. 2‑403)
Sec. 2‑403. Who may be plaintiff ‑ Assignments ‑ Subrogation. (a) The assignee and owner of a non‑negotiable chose in action may sue thereon in his or her own name. Such person shall in his or her pleading on oath allege that he or she is the actual bona fide owner thereof, and set forth how and when he or she acquired title. The action is subject to any defense or set‑off existing before notice of the assignment.
(b) In all cases in which the chose in action consists of wages due or to become due to the assignor thereof from the defendant in the action, at least 5 days' written notice of the pendency of the action shall be served upon the assignor, before the trial of the same. Upon application of the assignor of the chose in action the court shall allow him or her to intervene and be made a party to the action. The assignor, or the defendant to the action on behalf of the assignor, shall be allowed to set up or affirmatively maintain any just setoff, discount or defense which the assignor may have to the assignment of the chose in action, or to the indebtedness, the payment of which is secured by the assignment of the chose in action. The court, by jury or otherwise, shall ascertain the amount of the indebtedness remaining due and unpaid from the assignor to the assignee of the chose in action. The judgment, if any, against the defendant shall not exceed the amount so found to be due and unpaid from the assignor to the assignee of the chose in action. Judgment for the balance, if any, remaining due from the defendant, upon the assigned chose in action, shall be rendered in favor of the assignor and against the defendant in the action or proceeding. The court may enter any order as to costs in the proceeding that may be equitable.
(c) Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee; and the subrogee shall in his or her pleading on oath, or by his or her affidavit if pleading is not required, allege that he or she is the actual bona fide subrogee and set forth how and when he or she became subrogee.
(d) A judgment in an action brought and conducted by a subrogee by virtue of the subrogation provision of any contract or by virtue of any subrogation by operation of law, whether in the name of the subrogor or otherwise, is not a bar or a determination on the merits of the case or any aspect thereof in an action by the subrogor to recover upon any other cause of action arising out of the same transaction or series of transactions.
(Source: P.A. 83‑707.) |
(735 ILCS 5/2‑405) (from Ch. 110, par. 2‑405)
Sec. 2‑405. Joinder of defendants. (a) Any person may be made a defendant who, either jointly, severally or in the alternative, is alleged to have or claim an interest in the controversy, or in any part thereof, or in the transaction or series of transactions out of which the controversy arose, or whom it is necessary to make a party for the complete determination or settlement of any question involved therein, or against whom a liability is asserted either jointly, severally or in the alternative arising out of the same transaction or series of transactions, regardless of the number of causes of action joined.
(b) It is not necessary that each defendant be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him or her; but the court may make any order that may be just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which such defendant may have no interest.
(c) If the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, and state his or her claim against them in the alternative in the same count or plead separate counts in the alternative against different defendants, to the intent that the question which, if any, of the defendants is liable, and to what extent, may be determined as between the parties.
(Source: P.A. 82‑280.) |