2010 Illinois Code
CHAPTER 735 CIVIL PROCEDURE
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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (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.)

    (735 ILCS 5/2‑807)
    Sec. 2‑807. Residual funds in a common fund created in a class action.
    (a) Definitions. As used in this Section:
    "Eligible organization" means a not‑for‑profit organization that:
        (i) has been in existence for no less than 3 years;
        (ii) has been tax exempt for no less than 3 years
     from the payment of federal taxes under Section 501(c)(3) of the Internal Revenue Code;
        (iii) is in compliance with registration and filing
     requirements applicable pursuant to the Charitable Trust Act and the Solicitation for Charity Act; and
        (iv) has a principal purpose of promoting or
     providing services that would be eligible for funding under the Illinois Equal Justice Act.
    "Residual funds" means all unclaimed funds, including
     uncashed checks or other unclaimed payments, that remain in a common fund created in a class action after court‑approved payments are made for the following:
        (i) class member claims;
        (ii) attorney's fees and costs; and
        (iii) any reversions to a defendant agreed upon by
     the parties.
    (b) Settlement. An order approving a proposed settlement
     of a class action that results in the creation of a common fund for the benefit of the class shall, consistent with the other Sections of this Part, establish a process for the administration of the settlement and shall provide for the distribution of any residual funds to one or more eligible organizations, except that up to 50% of the residual funds may be distributed to one or more other nonprofit charitable organizations or other organizations that serve the public good if the court finds there is good cause to approve such a distribution as part of a settlement.
    (c) Judgment. A judgment in favor of the plaintiff in a
     class action that results in the creation of a common fund for the benefit of the class shall provide for the distribution of any residual funds to one or more eligible organizations.
    (d) State and its political subdivisions. This Section
     does not apply to any class action lawsuit against the State of Illinois or any of its political subdivisions.
    (e) Application. This Section applies to all actions
     commenced on or after the effective date of this amendatory Act of the 95th General Assembly and to all actions pending on the effective date of this amendatory Act of the 95th General Assembly for which no court order has been entered preliminarily approving a proposed settlement for a class of plaintiffs.
(Source: P.A. 95‑479, eff. 7‑1‑08.)

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