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Public Act 91-0145
SB401 Enrolled LRB9100138DJcd
AN ACT concerning objections to a court's jurisdiction
over the person, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-15 as follows:
(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons.
(1) When a petition is filed, the clerk of the court
shall issue a summons with a copy of the petition attached.
The summons shall be directed to the minor's legal guardian
or custodian and to each person named as a respondent in the
petition, except that summons need not be directed to a minor
respondent under 8 years of age for whom the court appoints a
guardian ad litem if the guardian ad litem appears on behalf
of the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor
or any of the respondents is entitled to have an attorney
present at the hearing on the petition, and that the clerk of
the court should be notified promptly if the minor or any
other respondent desires to be represented by an attorney but
is financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of
the court, dated on the day it is issued, and shall require
each respondent to appear and answer the petition on the date
set for the adjudicatory hearing. The summons shall contain
a notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by:
(a) leaving a copy thereof with the person summoned at least
3 days before the time stated therein for appearance; (b)
leaving a copy at his usual place of abode with some person
of the family, of the age of 10 years or upwards, and
informing that person of the contents thereof, 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 person summoned at his usual place
of abode, at least 3 days before the time stated therein for
appearance; or (c) leaving a copy thereof with the guardian
or custodian of a minor, at least 3 days before the time
stated therein for appearance. If the guardian or custodian
is an agency of the State of Illinois, proper service may be
made by leaving a copy of the summons and petition with any
administrative employee of such agency designated by such
agency to accept service of summons and petitions. The
certificate of the officer or affidavit of the person that he
has sent the copy pursuant to this Section is sufficient
proof of service.
(6) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or who
has waived or acknowledged service, fails to appear with the
minor on the date set by the court, a bench warrant may be
issued for the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition,
in any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court, except that the filing of a motion special appearance
authorized under Section 2-301 of the Code of Civil Procedure
does not constitute an appearance under this subsection. A
copy of the summons and petition shall be provided to the
person at the time of his appearance.
(8) Notice to a parent who has appeared or been served
with summons personally or by certified mail, and for whom an
order of default has been entered on the petition for
wardship and has not been set aside shall be provided in
accordance with Supreme Court Rule 11. Notice to a parent
who was served by publication and for whom an order of
default has been entered on the petition for wardship and has
not been set aside shall be provided in accordance with this
Section and Section 2-16.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
eff. 6-30-98.)
Section 10. The Code of Civil Procedure is amended by
changing Section 2-301 as follows:
(735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
Sec. 2-301. Objections to jurisdiction over the person.
Special appearance.
(a) Prior to the filing of any other pleading or motion
other than a motion for an extension of time to answer or
otherwise appear, a party may object to the court's
jurisdiction over the party's person, either on the ground
that the party is not amenable to process of a court of this
State or on the ground of insufficiency of process or
insufficiency of service of process, by filing a motion to
dismiss the entire proceeding or any cause of action involved
in the proceeding or by filing a motion to quash service of
process. Such a motion may be made singly or included with
others in a combined motion, but the parts of a combined
motion must be identified in the manner described in Section
2-619.1. Unless the facts that constitute the basis for the
objection are apparent from papers already on file in the
case, the motion must be supported by an affidavit setting
forth those facts. , a special appearance may be made either
in person or by attorney for the purpose of objecting to the
jurisdiction of the court over the person of the defendant. A
special appearance may be made as to an entire proceeding or
as to any cause of action involved therein. Every appearance,
prior to judgment, not in compliance with the foregoing is a
general appearance.
(a-5) If the objecting party files a responsive pleading
or a motion (other than a motion for an extension of time to
answer or otherwise appear) prior to the filing of a motion
in compliance with subsection (a), that party waives all
objections to the court's jurisdiction over the party's
person.
(b) If the reasons for objection are not apparent from
the papers on file in the case, the special appearance shall
be supported by affidavit setting forth the reasons. In
disposing of a motion objecting to the court's jurisdiction
over the person of the objecting party, ruling upon the
objection, the court shall consider all matters apparent from
the papers on file in the case, affidavits submitted by any
party, and any evidence adduced upon contested disputed
issues of fact. The court shall enter an appropriate order
sustaining or overruling the objection. No determination of
any issue of fact in connection with the objection is a
determination of the merits of the case or any aspect
thereof. A decision adverse to the objector does not preclude
the objector from making any motion or defense which he or
she might otherwise have made.
(c) If the court sustains the objection, an appropriate
order shall be entered. Error in ruling against the objecting
party defendant on the objection is waived by the party's
defendant's taking part in further proceedings in the case,
unless the objection is on the ground that the party
defendant is not amenable to process issued by a court of
this State.
(Source: P.A. 82-280.)
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