CD OF CIV PRO-VENUE
Summary
Amends the Code of Civil Procedure. Provides that proper venue shall be: (1) in the county of residence of all defendants (instead of the county of residence of any defendant who is joined in the action); (2) in the county in which the most significant act or omission or the most significant event or transaction occurred (instead of the county in which the transaction or some part of the transaction occurred) out of which the cause of action arose; or (3) in the county in which the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose, where there is more than one defendant and the defendants reside in different counties or outside the State. Removes language allowing the cause of action to be commenced in any county when all of the defendants are nonresidents of the State. Provides that venue for a corporation, railroad or bridge company, foreign corporation, partnership, or voluntary unincorporated association shall be in the county in which the corporation, company, partnership, or association has its principal place of business. Provides that venue of a cause of action brought against a public, municipal, governmental, or quasi-municipal corporation shall be in the county in which its principal office is located or the county in which the most significant act or omission or the most significant event or transaction occurred. Provides that when venue is based on the defendants or defendants residence, and additional defendants or third party defendants are added to the claim or cause of action, venue remains proper only if all defendants and third party defendants are residents of the county where the claim or cause of action is filed. Requires that, if the additional defendants or third party defendants are not residents of the same county, upon motion of any party, the claim or cause of action shall be transferred to the county where the most significant act or omission or the most significant event or transaction occurred out of which the cause of action arose. Provides that, if there is no proper venue in this State for any reason, the claim or cause of action shall be dismissed without prejudice. Lists factors that the court shall consider when determining whether to dismiss a cause of action or transfer the cause of action to another venue. Provides that where more than one plaintiff is joined, each plaintiff shall independently establish proper venue. Makes other changes. Effective immediately.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2005
Committee Review
Floor Vote
Governor
Introduced Feb 25, 2005
Last action Jan 9, 2007
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
18
Key actions
0
Committee
7
Amendments
2
Jan 9, 2007
Senate · Failed
Session Sine Die
May 10, 2005
Senate · Referred to committee
Re-referred to Rules
May 10, 2005
Senate · Referred to committee
Motion Filed Sen. Louis S. Viverito; , Cullerton, Hendon, Petka and Roskam, Motion to Re-refer, pursuant to Senate Rule 3-7. Re-referred to the Senate Rules Committee.
Mar 17, 2005
Senate · Reported by committee
Do Pass as Amended Judiciary; 010-000-000
Mar 17, 2005
Senate · Amendment adopted
Senate Committee Amendment No. 1 Adopted
Mar 17, 2005
Senate · Reported by committee
Senate Committee Amendment No. 1 Rules Refers to Judiciary
Mar 16, 2005
Senate · Referred to committee
Senate Committee Amendment No. 1 Referred to Rules
Mar 16, 2005
Senate · Amendment offered
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard
Mar 2, 2005
Senate · Referred to committee
Assigned to Judiciary
Feb 25, 2005
Senate · Referred to committee
Referred to Rules
0 primary · 1 co-sponsor
Sponsors
Role
Legislator
Party
State
District
Co
Kirk W. Dillard
RRepublican
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