Subject Index Civil Practice

On March 29, 2013, the first district appellate court answered, in response to a certified question, that service by publication on an adjudicated disabled person did not satisfy due process because it was unreasonable to expect that the ward would see or comprehend the published notice.

On February 26, 2013, the third district appellate court held that a judgment creditor must revive its judgment and file a memorandum of revived judgment within seven years from the date the original judgment was entered or previously revived.

On December 28, 2012, the Supreme Court of Illinois held that the doctrine of res judicata barred a plaintiff's state court suit that was based on the same operative facts as a claim previously adjudicated in federal court.

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.