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| Public Act 101-0539 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 2-206 as follows:
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(735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
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Sec. 2-206.
Service by publication; affidavit; mailing;
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certificate.
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(a) Whenever, in any action affecting property or status | ||||
within the
jurisdiction of the court, including an action to | ||||
obtain the specific
performance, reformation, or rescission of | ||||
a contract for the conveyance
of land, except for an action | ||||
brought under Part 15 of Article XV of this Code that are | ||||
subject to subsection (a-5), plaintiff or his or her
attorney | ||||
shall file, at the office of the clerk of the court in which
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the action is pending, an affidavit showing that the defendant | ||||
resides
or has gone out of this State, or on due inquiry cannot | ||||
be found, or is
concealed within this State, so that process | ||||
cannot be served upon him or her,
and stating the place of | ||||
residence of the defendant, if known, or that
upon diligent | ||||
inquiry his or her place of residence cannot be ascertained, | ||||
the
clerk shall cause publication to be made in some newspaper | ||||
published in
the county in which the action is pending. If | ||||
there is no newspaper
published in that county, then the | ||
publication shall be in a newspaper
published in an adjoining | ||
county in this State, having a circulation in
the county in | ||
which action is pending. The publication shall contain
notice | ||
of the pendency of the action, the title of the court, the | ||
title
of the case, showing the names of the first named | ||
plaintiff and the
first named defendant, the number of the | ||
case, the names of the parties
to be served by publication, and | ||
the date on or after which default may
be entered against such | ||
party. The clerk shall also, within 10 days of the
first | ||
publication of the notice, send a copy thereof by mail, | ||
addressed
to each defendant whose place of residence is stated | ||
in such affidavit.
The certificate of the clerk that he or she | ||
has sent the copy in pursuance of
this Section is evidence that | ||
he or she has done so.
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(a-5) If, in any action brought under Part 15 of Article XV | ||
of this Code, the plaintiff, or his or her attorney, shall | ||
file, at the office of the clerk of the court in which the | ||
action is pending, an affidavit showing that the defendant | ||
resides outside of or has left this State, or on due inquiry | ||
cannot be found, or is concealed within this State so that | ||
process cannot be served upon him or her, and stating the place | ||
of residence of the defendant, if known, or that upon diligent | ||
inquiry his or her place of residence cannot be ascertained, | ||
the plaintiff, or his or her representative, shall cause | ||
publication to be made in some newspaper published in the | ||
county in which the action is pending. If there is no newspaper | ||
published in that county, then the publication shall be in a | ||
newspaper published in an adjoining county in this State, | ||
having a circulation in the county in which action is pending. | ||
The publication shall contain notice of the pendency of the | ||
action, the title of the court, the title of the case, showing | ||
the names of the first named plaintiff and the first named | ||
defendant, the number of the case, the names of the parties to | ||
be served by publication, and the date on or after which | ||
default may be entered against such party. It shall be the | ||
non-delegable duty of the clerk of the court, within 10 days of | ||
the first publication of the notice, to send a copy thereof by | ||
mail, addressed to each defendant whose place of residence is | ||
stated in such affidavit. The certificate of the clerk of the | ||
court that he or she has sent the copy in pursuance of this | ||
Section is evidence that he or she has done so. | ||
(b) In any action brought by a unit of local government to | ||
cause the
demolition, repair, or enclosure of a dangerous and | ||
unsafe or uncompleted
or abandoned building, notice by | ||
publication under this Section may be
commenced during the time | ||
during which attempts are made to locate the
defendant for | ||
personal service. In that case, the unit of local government
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shall file with the clerk an affidavit stating that the action | ||
meets the
requirements of this subsection and that all required | ||
attempts are being
made to locate the defendant. Upon the | ||
filing of the affidavit, the clerk
shall cause publication to | ||
be made under this Section. Upon completing the
attempts to | ||
locate the defendant required by this Section, the municipality
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shall file with the clerk an affidavit meeting the requirements | ||
of
subsection (a). Service under this subsection shall not be | ||
deemed to have
been made until the affidavit is filed and | ||
service by publication in the
manner prescribed in subsection | ||
(a) is completed.
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(Source: P.A. 87-1276.)
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