Publications

Section Newsletter Articles on Code of Civil Procedure

Special interrogatories By Thomas F. Tobin, III Tort Law, September 2014 Section 5/2-1108 of the Illinois Code of Civil Procedure governs the use of Special Interrogatories. It specifically states that when the special finding of fact is inconsistent with the general verdict, the former controls the latter and the court may enter judgment accordingly.
The Illinois Supreme Court expands the reach of the Code of Civil Procedure’s six-year statute of repose By Hon. Russell W. Hartigan and Griffen Thorne Bench and Bar, April 2014 On February 21, 2014, the Illinois Supreme Court decided Evanston Insurance Company v. Riseborough, holding that the six-year statute of repose from section 13-214/3 of the Code of Civil Procedure, which applies to “the performance of professional services,” includes services where the parties have no fiduciary duty, and claims that are not limited to legal malpractice.
The Illinois Supreme Court expands the reach of the Code of Civil Procedure’s six-year statute of repose By Hon. Russell W. Hartigan and Griffen Thorne Civil Practice and Procedure, March 2014 On February 21, 2014, the Illinois Supreme Court decided Evanston Insurance Company v. Riseborough, holding that the six-year statute of repose from section 13-214/3 of the Code of Civil Procedure, which applies to “the performance of professional services,” includes services where the parties have no fiduciary duty, and claims that are not limited to legal malpractice.
New citation lien procedure provides enforcement help for judgment creditors By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, October 2011 Effective January 1, 2012, Code of Civil Procedure amendments will give improved remedies to judgment creditors in citation to discover assets proceedings and other post-judgment procedures.
The question of whether an allocation of fault can be made to settling or dismissed defendants remains a hot topic in Illinois By Melinda S. Kollross and Edward M. Kay Bench and Bar, August 2008 Section 2-1117 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1117) provides for a modified joint and several liability scheme in which a defendant, found less than 25 percent at fault, is only severally liable for a plaintiff’s non-medical damages.
Public Act 95-0661: Amendments to Illinois Code of Civil Procedure relating to enforcement of judgments By Bob Markoff Commercial Banking, Collections, and Bankruptcy, March 2008 The Illinois legislature recently passed and then overrode the Governor’s amendatory veto of Senate Bill 229 which is now known as Public Act 95-0661.
Case summaries By Alfred M. Swanson and Thomas A. Bruno Bench and Bar, January 2003 The issue involved both the interpretation and constitutionality of section 2-1117 of the Code of Civil Procedure (735 ILCS 5/2-1117) that modified the common law rule of joint and several liability.
Legislative update: It’s technical, but new law makes it easier to collect old judgements By J.A. Sebastian General Practice, Solo, and Small Firm, January 2003 Public Act 92-817 (S.B. 39) approved and effective August 21, 2002, adds a new provision to the Illinois Code of Civil Procedure at 735 ILCS 5/2-1602, entitled "Revival of judgment."