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| Public Act 102-0156 | ||||
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AN ACT concerning civil law.
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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 | ||||
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. | ||||
(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 is are | ||||
subject to subsection (a-5), the plaintiff or his or her
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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
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 attorney 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 plaintiff, or his or her | ||
attorney 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 plaintiff, or his or | ||
her attorney, 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. A copy of the certificate shall be filed at the | ||
office of the clerk of the court where the action is pending. | ||
(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
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
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attempts to locate the defendant required by this Section, the | ||
municipality
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. 101-539, eff. 1-1-20; revised 8-19-20.)
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