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91_SB0401
LRB9100138DJcd
1 AN ACT concerning objections to a court's jurisdiction
2 over the person, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 2-15 as follows:
7 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
8 Sec. 2-15. Summons.
9 (1) When a petition is filed, the clerk of the court
10 shall issue a summons with a copy of the petition attached.
11 The summons shall be directed to the minor's legal guardian
12 or custodian and to each person named as a respondent in the
13 petition, except that summons need not be directed to a minor
14 respondent under 8 years of age for whom the court appoints a
15 guardian ad litem if the guardian ad litem appears on behalf
16 of the minor in any proceeding under this Act.
17 (2) The summons must contain a statement that the minor
18 or any of the respondents is entitled to have an attorney
19 present at the hearing on the petition, and that the clerk of
20 the court should be notified promptly if the minor or any
21 other respondent desires to be represented by an attorney but
22 is financially unable to employ counsel.
23 (3) The summons shall be issued under the seal of the
24 court, attested in and signed with the name of the clerk of
25 the court, dated on the day it is issued, and shall require
26 each respondent to appear and answer the petition on the date
27 set for the adjudicatory hearing. The summons shall contain
28 a notice that the parties will not be entitled to further
29 written notices or publication notices of proceedings in this
30 case, including the filing of an amended petition or a motion
31 to terminate parental rights, except as required by Supreme
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1 Court Rule 11.
2 (4) The summons may be served by any county sheriff,
3 coroner or probation officer, even though the officer is the
4 petitioner. The return of the summons with endorsement of
5 service by the officer is sufficient proof thereof.
6 (5) Service of a summons and petition shall be made by:
7 (a) leaving a copy thereof with the person summoned at least
8 3 days before the time stated therein for appearance; (b)
9 leaving a copy at his usual place of abode with some person
10 of the family, of the age of 10 years or upwards, and
11 informing that person of the contents thereof, provided the
12 officer or other person making service shall also send a copy
13 of the summons in a sealed envelope with postage fully
14 prepaid, addressed to the person summoned at his usual place
15 of abode, at least 3 days before the time stated therein for
16 appearance; or (c) leaving a copy thereof with the guardian
17 or custodian of a minor, at least 3 days before the time
18 stated therein for appearance. If the guardian or custodian
19 is an agency of the State of Illinois, proper service may be
20 made by leaving a copy of the summons and petition with any
21 administrative employee of such agency designated by such
22 agency to accept service of summons and petitions. The
23 certificate of the officer or affidavit of the person that he
24 has sent the copy pursuant to this Section is sufficient
25 proof of service.
26 (6) When a parent or other person, who has signed a
27 written promise to appear and bring the minor to court or who
28 has waived or acknowledged service, fails to appear with the
29 minor on the date set by the court, a bench warrant may be
30 issued for the parent or other person, the minor, or both.
31 (7) The appearance of the minor's legal guardian or
32 custodian, or a person named as a respondent in a petition,
33 in any proceeding under this Act shall constitute a waiver of
34 service of summons and submission to the jurisdiction of the
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1 court, except that the filing of a motion special appearance
2 authorized under Section 2-301 of the Code of Civil Procedure
3 does not constitute an appearance under this subsection. A
4 copy of the summons and petition shall be provided to the
5 person at the time of his appearance.
6 (8) Notice to a parent who has appeared or been served
7 with summons personally or by certified mail, and for whom an
8 order of default has been entered on the petition for
9 wardship and has not been set aside shall be provided in
10 accordance with Supreme Court Rule 11. Notice to a parent
11 who was served by publication and for whom an order of
12 default has been entered on the petition for wardship and has
13 not been set aside shall be provided in accordance with this
14 Section and Section 2-16.
15 (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
16 eff. 6-30-98.)
17 Section 10. The Code of Civil Procedure is amended by
18 changing Section 2-301 as follows:
19 (735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
20 Sec. 2-301. Objections to jurisdiction over the person.
21 Special appearance.
22 (a) Prior to the filing of any other pleading or motion
23 other than a motion for an extension of time to answer or
24 otherwise appear, a party may object to the court's
25 jurisdiction over the party's person on the ground that the
26 party is not amenable to process of a court of this State or
27 on the ground of insufficiency of process or insufficiency of
28 service of process by filing a motion to dismiss the entire
29 proceeding or any cause of action involved in the proceeding
30 or by filing a motion to quash service of process. Such a
31 motion may be made singly or included with others in a
32 combined motion, but the parts of a combined motion must be
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1 identified in the manner described in Section 2-619.1.
2 Unless the facts that constitute the basis for the objection
3 are apparent from papers already on file in the case, the
4 motion must be supported by an affidavit setting forth those
5 facts. , a special appearance may be made either in person or
6 by attorney for the purpose of objecting to the jurisdiction
7 of the court over the person of the defendant. A special
8 appearance may be made as to an entire proceeding or as to
9 any cause of action involved therein. Every appearance, prior
10 to judgment, not in compliance with the foregoing is a
11 general appearance.
12 (a-5) If the objecting party files a responsive pleading
13 or a motion (other than a motion for an extension of time to
14 answer or otherwise appear) prior to the filing of a motion
15 in compliance with subsection (a), that party waives all
16 objections to the court's jurisdiction over the party's
17 person.
18 (b) If the reasons for objection are not apparent from
19 the papers on file in the case, the special appearance shall
20 be supported by affidavit setting forth the reasons. In
21 disposing of a motion objecting to the court's jurisdiction
22 over the person of the objecting party, ruling upon the
23 objection, the court shall consider all matters apparent from
24 the papers on file in the case, affidavits submitted by any
25 party, and any evidence adduced upon contested disputed
26 issues of fact. The court shall enter an appropriate order
27 sustaining or overruling the objection. No determination of
28 any issue of fact in connection with the objection is a
29 determination of the merits of the case or any aspect
30 thereof. A decision adverse to the objector does not preclude
31 the objector from making any motion or defense which he or
32 she might otherwise have made.
33 (c) If the court sustains the objection, an appropriate
34 order shall be entered. Error in ruling against the objecting
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1 party defendant on the objection is waived by the party's
2 defendant's taking part in further proceedings in the case,
3 unless the objection is on the ground that the party
4 defendant is not amenable to process issued by a court of
5 this State.
6 (Source: P.A. 82-280.)