Subject Index Civil Practice

On May 9, 2012, the first district appellate court held that affidavits phrased in the passive voice that failed to identify the individuals who attempted to serve process did not satisfy the requirements for service of process by publication.

Service by publication only establishes personal jurisdiction in an eminent domain case where the entity seizing land has diligently searched for all potential parties to the action, according to an Illinois Court of Appeals ruling.

Illinois lawmakers amended the Code of Civil Procedure to allow correctional institutions, facilities and jails to refuse entry to process servers for security purposes. 735 ILCS 5/2-203.2 new.

On September 23, 2010, the Supreme Court of Illinois held that the Circuit Court of Champaign County's finding of probable cause at the hearing on plaintiff's petition to rescind his statutory summary suspension, pursuant to 625 ILCS 5/2-118.1, did not bar the issue of probable cause from re-litigation in a civil suit for malicious prosecution.

New amendments to the Code of Civil Procedure clarify that evidence to prove a victim's prior sexual behavior or reputation is generally not admissible in a civil trial. 735 ILCS 5/8-2801.

On November 25, 2009, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's grant of defendant's motion to dismiss, in a complaint against the defendant for injuries the plaintiff sustained as a result of alleged sexual abuse.

On September 9, 2009, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of Sangamon County and remanded with direction. 

On July 24, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, holding that the trial court did not err when it deferred ruling on the defendant’s motion in limine until after he testified.