Subject Index Civil Practice

On June 6, 2023, the First District of the Illinois Appellate Court held that when imprisonment is ordered to enforce an indirect civil contempt order, the conditions of release must be contingent upon purging the contempt by compliance with the original order.

On Nov. 14, the Fourth District of the Illinois Appellate Court held that the doctrine of res judicata did not bar plaintiffs from refiling a complaint that the plaintiffs voluntarily dismissed four years earlier.

On June 1, the First District of the Illinois Appellate Court held that a body-attachment order was properly issued to effectuate an order of civil contempt.

On Feb. 17, 2022, the First District of the Illinois Appellate Court held that Illinois law does not allow for service by electronic mail when third parties have not yet appeared before the court.

On Feb. 4, 2022, the First District of the Illinois Appellate Court held that successive postjudgment motions do not toll time for filing a notice of appeal.

On Jan. 21, 2022, the Illinois Supreme Court affirmed the trial and the Second District of the Illinois Appellate Court’s decision holding that a petition for relief from a void judgment under section 2-1401(f) of the Illinois Code of Civil Procedure was subject to dismissal based on laches.

This Act amends the Code of Civil Procedure. It provides that anything said or done in preparation of a restorative-justice practice, as a follow-up to the practice, or in relation to the practice having been planned is privileged information.

The Illinois General Assembly amended the Code of Civil Procedure by modifying rules for interest on judgments. In all civil actions seeking recovery from personal injury or wrongful death through negligence, strict liability, wanton or willful misconduct, or intentional conduct, the plaintiff is entitled to recover prejudgment interest on all damages

On May 20, 2021, the Illinois Supreme Court reversed and remanded an Illinois Appellate Court’s decision holding that the “test the waters” doctrine was a valid basis for denying a party’s motion for substitution of judge as of right under section 2-1001(a)(2) of the Illinois Code of Civil Procedure.

On Sept. 21, 2020, the Third District of the Illinois Appellate Court held that a trial court has discretion to dismiss a medical malpractice case without prejudice for untimely filing an affidavit required under 735 ILCS 5/2-622 of the Code of Civil Procedure.

On April 28, 2020, the Second District Appellate Court held that interest did not begin to accrue on a $1.5 million general jury verdict until the appellate court reversed the circuit court’s overturning of the general verdict.

The Illinois General Assembly amended the Code of Civil Procedure to significantly limit the admissibility of evidence related to a person’s immigration status.

On Dec. 24, 2019, the First District Appellate Court affirmed the trial court’s denial of a mistrial in a medical malpractice case for negligence, finding that the court did not abuse its discretion.

The Illinois General Assembly amended the Code of Civil Procedure regarding the requirement of publication notice in a newspaper for certain individuals applying for a name change.

On Dec. 28, 2018, the plaintiff filed a wrongful-death and survival action against a social worker and her employer hospital, alleging negligent care led to his father's death by suicide six days after the social worker visited him.

A condominium association's board sued the property's owner seeking declaratory judgment regarding a parking-place lease.

The plaintiff was injured at work due to alleged negligence of third parties. The plaintiff then filed a successful claim for workers' compensation benefits.

The Code of Civil Procedure is amended to no longer require pleadings, affidavits, or other documents filed in any court of Illinois to be sworn before an authorized person as long as it is certified in accordance with section 1-109's verification by certification requirements.

On May 29, 2018, the Third District Appellate Court of Illinois denied a defendant's motion to dismiss for noncompliance with the Illinois Code of Civil Procedure's section 205, stating timely requirements and untimely limitations.