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| Public Act 098-0966 | ||||
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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 2-203 as follows:
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(735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
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Sec. 2-203. Service on individuals.
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(a) Except as otherwise expressly provided, service of | ||||
summons upon
an individual defendant shall be made (1) by | ||||
leaving a copy of the summons with
the defendant personally, | ||||
(2) by leaving a copy at the defendant's
usual place of
abode, | ||||
with some person of the family or a person residing there, of | ||||
the
age of 13 years or
upwards, and informing that person of | ||||
the contents of the summons, provided the
officer or other | ||||
person making service shall also send a copy of the
summons in | ||||
a sealed envelope with postage fully prepaid, addressed to
the | ||||
defendant at his or her usual place of abode, or (3) as | ||||
provided in
Section 1-2-9.2 of the Illinois Municipal Code with | ||||
respect to violation of an ordinance governing parking or
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standing of vehicles in cities with a population over 500,000.
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The certificate of the
officer or affidavit of the person that | ||||
he or she has sent the copy in
pursuance of this Section is | ||||
evidence that he or she has done so. No employee of a facility | ||||
licensed under the Nursing Home Care Act, the Specialized | ||
Mental Health Rehabilitation Act of 2013, or the ID/DD | ||
Community Care Act shall obstruct an officer or other person | ||
making service in compliance with this Section. An employee of | ||
a gated residential community shall grant entry into the | ||
community, including its common areas and common elements, to a | ||
process server authorized under Section 2-202 of this Code who | ||
is attempting to serve process on a defendant or witness who | ||
resides within or is known to be within the community. As used | ||
in this Section, "gated residential community" includes a | ||
condominium association, housing cooperative, or private | ||
community.
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(b) The officer, in his or her certificate or in a record | ||
filed and
maintained in the Sheriff's office, or other person | ||
making service, in
his or her affidavit or in a record filed | ||
and maintained in his or her
employer's
office, shall (1) | ||
identify as to sex, race, and approximate age the
defendant or | ||
other person with whom the summons was left and (2) state
the | ||
place where (whenever possible in terms of an exact street | ||
address)
and the date and time of the day when the summons was | ||
left with the
defendant or other person.
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(c) Any person who knowingly sets forth in the certificate | ||
or
affidavit any false statement, shall be liable in civil | ||
contempt. When
the court holds a person in civil contempt under | ||
this Section, it shall
award such damages as it determines to | ||
be just and, when the
contempt is
prosecuted by a private | ||
attorney, may award reasonable attorney's fees.
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(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||
eff. 7-13-12; 98-104, eff. 7-22-13.)
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