HB1391 104TH GENERAL ASSEMBLY

LRB104 06058 JRC 16091 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1391

Introduced 1/28/2025, by Rep. Mary Beth Canty

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-213

from Ch. 110, par. 2-213

Amends the Code of Civil Procedure. Deletes provisions that a defendant may refuse to waive service of summons. Provides that if a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant (1) the expenses later incurred in making service and (2) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 2-213 as follows:

(735 ILCS 5/2-213) (from Ch. 110, par. 2-213)

Sec. 2-213. Waiver of service.

(a) Notice and request for waiver. A plaintiff may notify a defendant of the commencement of an action and request that the defendant waive service of a summons. The notice and request shall be in writing in a form prescribed by Supreme Court rule. The notice and request shall:

(1) be addressed to an individual who is the defendant or who could be served as representative of an entity that is the defendant;

(2) be dispatched through first class U.S. mail or other equally reliable means;

(3) contain a copy of the complaint and identify the court in which it has been filed;

(4) inform the defendant of the consequences of compliance and of a failure to comply with the request;

(5) allow the defendant a reasonable time to return the waiver, which shall be at least (i) 30 days from the date on which the request is sent or (ii) 60 days if the defendant is addressed outside the United States; and

(6) provide the defendant with an extra copy of the notice and request and prepaid means of compliance in writing.

(b) Limits on waiver. A defendant who waives service of a summons in the manner provided in subsection (a) does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

(c) Time to appear or answer. A defendant who returns a timely waiver of service is not required to appear or serve an answer to the complaint until (i) 60 days from the date on which the request for waiver of service was sent or (ii) 90 days if the defendant was addressed outside of the United States.

(d) Effect of filing. When a waiver of service is filed by the plaintiff with the court, the action shall proceed as if a summons and complaint had been served at the time of filing of the waiver, and no proof of service shall be required.

(e) Right to refuse to waive service; effect of refusal. A defendant may refuse to waive service of a summons. If a defendant does not return the waiver provided for in subsection (a), the plaintiff must serve summons on that defendant as otherwise provided by this Code and Supreme Court rules. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant (1) the expenses later incurred in making service and (2) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses.

(Source: P.A. 87-352.)