Personal Injury Law

Legislative Update: New Pleading Requirements

House Bill 4931 amended the Code of Civil Procedure to do three things: 1) Requires "any person" who files more than 10 civil actions a year seeking money damages against natural persons to attach a new statutory notice to the summons. If the action is based on an assigned claim, it requires the notice to state that the written assignment must be attached to the complaint as an exhibit or recited therein and that the defendant is entitled to a copy of all assignments of the debt. (2) Prohibits a court from entering a judgment unless plaintiff complies with the assignment section (Sec. 2-403). This includes actions in small claims. (3) If a plaintiff recites in the complaint that the proceeding is based on a written assignment, a copy must be provided to the defendant if he or she requests. This bill has been assigned to the house rules committee and would have a great impact on Illinois lawyers.

Full post as published by Illinois Injury Lawyer Blog on January 15, 2010 (boomark / email).