Subject Index Civil Practice

On Dec. 2, 2025, the Fourth District of the Illinois Appellate Court held a section 2-1401 petition under the Illinois Code of Civil Procedure requires a movant to allege a meritorious defense and facts showing that the movant exercised due diligence in defending against the original action.

On Sept. 30, 2025, the First District of the Illinois Appellate Court held that where there is no clear violation of a clear order, it is an abuse of discretion for a trial court to bar a witness’s testimony as a sanction.

The Illinois General Assembly amended the Citizen Participation Act to strengthen protections against Strategic Lawsuits Against Public Participation (SLAPPs) and to reinforce citizens’ rights to engage in government processes. The amendment extends the Act’s protections to the freedom of the press, affirming that reporting, opining, and investigating matters of public concern constitute participation in and communication with government.

On July 24, 2025, the Fourth District of the Illinois Appellate Court held that a forum selection clause in a lease is enforceable and not contrary to public policy.

On June 18, 2025, the Third District of the Illinois Appellate Court held that a note that constituted a negotiable promissory note was subject to the 10-year statute of limitations for written instruments under the Uniform Commercial Code (UCC).

On April 9, 2025, the Illinois Supreme Court held that a challenge to a legislative redistricting plan was barred by the doctrine of laches due to the plaintiffs’ delay in filing the action.

On April 24, 2025, the Illinois Supreme Court held that section 2-101.5 of the Code of Civil Procedure is constitutional on an as-applied basis.

The Illinois General Assembly amended the Illinois Administrative Procedure Act. Self-represented litigants, witnesses, and indigent litigants may request language interpretation services during a hearing.

On March 20, 2025, the Illinois Supreme Court held that statutory costs not discussed during arbitration can still be sought after the arbitration process.

On Feb. 18, 2025, the Fifth District of the Illinois Appellate Court held that filing a motion to dismiss waives one’s right to compel arbitration.

The Illinois General Assembly amended the Code of Civil Procedure. The requirement that a petitioner must reside in Illinois for six months before they may file a name change is removed. Instead, the petitioner must now have lived in Illinois for three months at the time of the name-change hearing or entry of an order granting the name change.

The Illinois General Assembly amended the Code of Civil Procedure. In civil cases arising from an injury caused by sexual conduct, that conduct is now considered per se harmful if a plaintiff proves by a preponderance of the evidence that the defendant committed childhood sexual abuse.

The Illinois General Assembly amended the Code of Civil Procedure, removing language providing that in counties with a population of less than 2 million people, process may be served without special appointment.

On Dec. 6, 2024, the First District of the Illinois Appellate Court held that a plaintiff may name a respondent in discovery when they have a good-faith belief that the respondent has information that can implicate additional defendants.

The Illinois General Assembly amended the Code of Civil Procedure. A person who is licensed or registered as a private detective or a registered employee of a private detective agency in counties with a population of less than 2 million may no longer serve process without special appointment.

On Oct. 9, 2024, the Third District of the Illinois Appellate Court held that compliance with the Property Tax Code’s notice requirements satisfies due process, even if attempts to notify the property owner fail.

On Sep. 27, 2024, the First District of the Illinois Appellate Court held that an expert witness testifying about the alleged breach of a standard of care must tie their opinion to the standard of care.

On June 4, 2024, the Fourth District of the Illinois Appellate Court held there is no personal jurisdiction if an entity’s sole contact with Illinois is that a third party sells the entity’s products there.

On May 29, 2024, the Third District of the Illinois Appellate Court held that trial courts have the right to decide whether the statute of limitations for replevin actions should be tolled to begin running on the date of discovery of the defendant’s identity.

On Nov. 20, 2023, the Fifth District of the Illinois Appellate Court held that out-of-state drop service in an individual’s general vicinity can constitute in-person service consistent with section 2-208 of the Illinois Code of Civil Procedure.