2005 Illinois 735 ILCS 5/ Code of Civil Procedure. Part 8 - Class Action
(735 ILCS 5/Art. II Pt. 8 heading)
Part 8.
Class Action
(735 ILCS 5/2‑801) (from Ch. 110, par. 2‑801)
Sec. 2‑801.
Prerequisites for the maintenance of a class action.
An action may be maintained as a class action in any court of this State
and a party may sue or be sued as a representative party of the class
only if the court finds:
(1) The class is so numerous that joinder of all members is
impracticable.
(2) There are questions of fact or law common to the class, which
common questions predominate over any questions affecting only
individual members.
(3) The representative parties will fairly and adequately protect
the interest of the class.
(4) The class action is an appropriate method for the fair and
efficient adjudication of the controversy.
(Source: P.A. 82‑280.)
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(735 ILCS 5/2‑802) (from Ch. 110, par. 2‑802)
Sec. 2‑802.
Order and findings relative to the class.
(a) Determination of Class. As soon as practicable after the
commencement of an action brought as a class action, the court shall
determine by order whether it may be so maintained and describe those
whom the court finds to be members of the class. This order may be
conditional and may be amended before a decision on the merits.
(b) Class Action on Limited Issues and Sub‑classes. When
appropriate, an action may be brought or maintained as a class action
with respect to particular issues, or divided into sub‑classes and each
sub‑class treated as a class. The provisions of this rule shall then be
construed and applied accordingly.
(Source: P.A. 82‑280.)
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(735 ILCS 5/2‑803) (from Ch. 110, par. 2‑803)
Sec. 2‑803.
Notice in class cases.
Upon a determination that an
action may be maintained as a class action, or at any time during the
conduct of the action, the court in its discretion may order such notice
that it deems necessary to protect the interests of the class and the
parties.
An order entered under subsection (a) of Section 2‑802
of this Act, determining
that an action may be maintained as a class action, may be conditioned
upon the giving of such notice as the court deems appropriate.
(Source: P.A. 83‑707.)
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(735 ILCS 5/2‑804) (from Ch. 110, par. 2‑804)
Sec. 2‑804.
Intervention by and exclusion of class members.
(a) Intervention. Any class member seeking to intervene or
otherwise appear in the action may do so with leave of court and such
leave shall be liberally granted except when the court finds that such
intervention will disrupt the conduct of the action or otherwise
prejudice the rights of the parties or the class.
(b) Exclusion. Any class member seeking to be excluded from a class
action may request such exclusion and any judgment entered in the action
shall not apply to persons who properly request to be excluded.
(Source: P.A. 82‑280.)
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(735 ILCS 5/2‑805) (from Ch. 110, par. 2‑805)
Sec. 2‑805.
Judgments in class cases.
Any judgment entered in a class action brought under Section 2‑801
of this Act shall be binding on all class members, as the class is defined by the
court, except those who have been properly excluded from the class under
subsection (b) of Section 2‑804 of this Act.
(Source: P.A. 82‑280.)
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(735 ILCS 5/2‑806) (from Ch. 110, par. 2‑806)
Sec. 2‑806.
Dismissal or compromise of class cases.
Any action brought as a class action under Section 2‑801 of this Act shall not be
compromised or dismissed except with the approval of the court and,
unless excused for good cause shown, upon notice as the court may
direct.
(Source: P.A. 82‑280.)
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