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IL HB1391
Bill
Status
2/25/2026
Primary Sponsor
Mary Canty
Click for details
AI Summary
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Amends Section 2-213 of the Illinois Code of Civil Procedure regarding waiver of service of summons in civil lawsuits
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Removes the explicit statement that "a defendant may refuse to waive service of a summons"
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Requires courts to impose costs on defendants located within the United States who fail, without good cause, to sign and return a waiver of service requested by a plaintiff also located within the United States
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Mandates that defendants who refuse service without good cause must pay the expenses incurred by the plaintiff in making formal service, plus reasonable expenses including attorney's fees for any motion to collect those service costs
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Maintains existing provisions allowing defendants 30 days (or 60 days if outside the U.S.) to return a waiver, and 60 days (or 90 days if outside the U.S.) to appear or answer after waiving service
Legislative Description
CIV PROC REFUSAL OF SERVICE
Last Action
Placed on Calendar Order of First Reading March 3, 2026
2/26/2026