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Part 4 - Parties

      (735 ILCS 5/Art. II Pt. 4 heading)Part 4. Parties

(735 ILCS 5/2‑401) (from Ch. 110, par. 2‑401)     Sec. 2‑401. Designation of parties ‑ Misnomer. (a) The party commencing an action shall be called the plaintiff. The adverse party shall be called the defendant.     (b) Misnomer of a party is not a ground for dismissal but the name of any party may be corrected at any time, before or after judgment, on motion, upon any terms and proof that the court requires.     (c) A party shall set forth in the body of his or her pleading the names of all parties for and against whom relief is sought thereby.     (d) Unless a contrary meaning is indicated, wherever used in this Act and in rules adopted pursuant hereto the term "plaintiff" includes counterclaimants and third‑party plaintiffs, and the term "defendant" includes third‑party defendants and parties against whom relief is sought by counterclaim.     (e) Upon application and for good cause shown the parties may appear under fictitious names. (Source: P.A. 85‑907.)

    (735 ILCS 5/2‑402)(from Ch. 110, par. 2‑402)
    Sec. 2‑402. Respondents in discovery. The plaintiff in any civil action may designate as respondents in discovery in his or her pleading those individuals or other entities, other than the named defendants, believed by the plaintiff to have information essential to the determination of who should properly be named as additional defendants in the action.
    Persons or entities so named as respondents in discovery shall be required to respond to discovery by the plaintiff in the same manner as are defendants and may, on motion of the plaintiff, be added as defendants if the evidence discloses the existence of probable cause for such action.
    A person or entity named a respondent in discovery may upon his or her own motion be made a defendant in the action, in which case the provisions of this Section are no longer applicable to that person.
    A copy of the complaint shall be served on each person or entity named as a respondent in discovery.
    Each respondent in discovery shall be paid expenses and fees as provided for witnesses.
    A person or entity named as a respondent in discovery in any civil action may be made a defendant in the same action at any time within 6 months after being named as a respondent in discovery, even though the time during which an action may otherwise be initiated against him or her may have expired during such 6 month period. An extension from the original 6‑month period for good cause may be granted only once for up to 90 days for (i) withdrawal of plaintiff's counsel or (ii) good cause. Notwithstanding the limitations in this Section, the court may grant additional reasonable extensions from this 6‑month period for a failure or refusal on the part of the respondent to comply with timely filed discovery.
    The plaintiff shall serve upon the respondent or respondents a copy of the complaint together with a summons in a form substantially as follows:
 
 
"STATE OF ILLINOIS
 
COUNTY OF ..................
 IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION (or, In the Circuit Court of the ............ Judicial Circuit) ...................
                    Plaintiff(s),
        v.                             No.
.................
.................,
                    Defendant(s),
        and                             PLEASE SERVE:
.................
.................,
        Respondent(s) in Discovery.
 SUMMONS FOR DISCOVERY
TO RESPONDENT IN DISCOVERY:
 
    YOU ARE HEREBY NOTIFIED that on ................, 20.....

, a complaint, a copy of which is attached, was filed in the above Court naming you as a Respondent in Discovery. Pursuant to the Illinois Code of Civil Procedure Section 2‑402 and Supreme Court Rules 201 et. seq., and/or Court Order entered on .................................., the above named Plaintiff(s) are authorized to proceed with the discovery of the named Respondent(s) in Discovery.

YOU ARE SUMMONED AND COMMANDED to appear for deposition,

before a notary public (answer the attached written interrogatories), (respond to the attached request to produce), (or other appropriate discovery tool).

We are scheduled to take the oral discovery deposition of

the above named Respondent, .................................., on ........................, 20..., at the hour of ..... a.m./p.m., at the office ..........................................., Illinois, in accordance with the rules and provisions of this Court. Witness and mileage fees in the amount of ....................... are attached (or)

(serve the following interrogatories, request to produce, or

other appropriate discovery tool upon Respondent, ....................... to be answered under oath by Respondent, ............................, and delivered to the office of ................................., Illinois, within 28 days from date of service).

TO THE OFFICER/SPECIAL PROCESS SERVER:     This summons must be returned by the officer or other

person to whom it was given for service, with endorsement or affidavit of service and fees and an endorsement or affidavit of payment to the Respondent of witness and mileage fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed.

WITNESS, .....................   .............................. Clerk of Court   Date of Service: .........., 20... (To be inserted by officer on copy left with Respondent or other person)   Attorney No. Name: Attorney for: Address: City/State/Zip: Telephone:".     This amendatory Act of the 94th General Assembly applies to causes of action pending on or after its effective date. (Source: P.A. 94‑582, eff. 1‑1‑06.)

(735 ILCS 5/2‑403) (from Ch. 110, par. 2‑403)     Sec. 2‑403. Who may be plaintiff ‑ Assignments ‑ Subrogation. (a) The assignee and owner of a non‑negotiable chose in action may sue thereon in his or her own name. Such person shall in his or her pleading on oath allege that he or she is the actual bona fide owner thereof, and set forth how and when he or she acquired title. The action is subject to any defense or set‑off existing before notice of the assignment.     (b) In all cases in which the chose in action consists of wages due or to become due to the assignor thereof from the defendant in the action, at least 5 days' written notice of the pendency of the action shall be served upon the assignor, before the trial of the same. Upon application of the assignor of the chose in action the court shall allow him or her to intervene and be made a party to the action. The assignor, or the defendant to the action on behalf of the assignor, shall be allowed to set up or affirmatively maintain any just setoff, discount or defense which the assignor may have to the assignment of the chose in action, or to the indebtedness, the payment of which is secured by the assignment of the chose in action. The court, by jury or otherwise, shall ascertain the amount of the indebtedness remaining due and unpaid from the assignor to the assignee of the chose in action. The judgment, if any, against the defendant shall not exceed the amount so found to be due and unpaid from the assignor to the assignee of the chose in action. Judgment for the balance, if any, remaining due from the defendant, upon the assigned chose in action, shall be rendered in favor of the assignor and against the defendant in the action or proceeding. The court may enter any order as to costs in the proceeding that may be equitable.     (c) Any action hereafter brought by virtue of the subrogation provision of any contract or by virtue of subrogation by operation of law shall be brought either in the name or for the use of the subrogee; and the subrogee shall in his or her pleading on oath, or by his or her affidavit if pleading is not required, allege that he or she is the actual bona fide subrogee and set forth how and when he or she became subrogee.     (d) A judgment in an action brought and conducted by a subrogee by virtue of the subrogation provision of any contract or by virtue of any subrogation by operation of law, whether in the name of the subrogor or otherwise, is not a bar or a determination on the merits of the case or any aspect thereof in an action by the subrogor to recover upon any other cause of action arising out of the same transaction or series of transactions. (Source: P.A. 83‑707.)

(735 ILCS 5/2‑404) (from Ch. 110, par. 2‑404)     Sec. 2‑404. Joinder of plaintiffs. All persons may join in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally or in the alternative, whenever if those persons had brought separate actions any common question of law or fact would arise. If upon the application of any party it shall appear that joinder may embarrass or delay the trial of the action, the court may order separate trials or enter any other order that may be expedient. Judgment may be entered for any one or more of the plaintiffs who may be found to be entitled to relief, for the relief to which he or she or they may be entitled.     If any one who is a necessary plaintiff, counterclaimant or third‑party plaintiff declines to join, he or she may be made a defendant, cross defendant or third‑party defendant, as the case may be, the reason therefor being stated in the complaint, counterclaim or third‑party complaint. (Source: P.A. 83‑707.)

(735 ILCS 5/2‑405) (from Ch. 110, par. 2‑405)     Sec. 2‑405. Joinder of defendants. (a) Any person may be made a defendant who, either jointly, severally or in the alternative, is alleged to have or claim an interest in the controversy, or in any part thereof, or in the transaction or series of transactions out of which the controversy arose, or whom it is necessary to make a party for the complete determination or settlement of any question involved therein, or against whom a liability is asserted either jointly, severally or in the alternative arising out of the same transaction or series of transactions, regardless of the number of causes of action joined.     (b) It is not necessary that each defendant be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him or her; but the court may make any order that may be just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which such defendant may have no interest.     (c) If the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, and state his or her claim against them in the alternative in the same count or plead separate counts in the alternative against different defendants, to the intent that the question which, if any, of the defendants is liable, and to what extent, may be determined as between the parties. (Source: P.A. 82‑280.)

(735 ILCS 5/2‑406) (from Ch. 110, par. 2‑406)     Sec. 2‑406. Bringing in new parties ‑ Third‑party proceedings. (a) If a complete determination of a controversy cannot be had without the presence of other parties, the court may direct them to be brought in. If a person, not a party, has an interest or title which the judgment may affect, the court, on application, shall direct such person to be made a party.     (b) Within the time for filing his or her answer or thereafter by leave of court, a defendant may by third‑party complaint bring in as a defendant a person not a party to the action who is or may be liable to him or her for all or part of the plaintiff's claim against him or her. Subsequent pleadings shall be filed as in the case of a complaint and with like designation and effect. The third‑party defendant may assert any defenses which he or she has to the third‑party complaint or which the third‑party plaintiff has to the plaintiff's claim and shall have the same right to file a counterclaim or third‑party complaint as any other defendant. If the plaintiff desires to assert against the third‑party defendant any claim which the plaintiff might have asserted against the third‑party defendant had he or she been joined originally as a defendant, the plaintiff shall do so by an appropriate pleading. When a counterclaim is filed against a party, the party may in like manner proceed against third parties. Nothing herein applies to liability insurers.     (c) An action is commenced against a new party by the filing of an appropriate pleading or the entry of an order naming him or her a party. Service of process shall be had upon a new party in like manner as is provided for service on a defendant. (Source: P.A. 82‑280.)

(735 ILCS 5/2‑407) (from Ch. 110, par. 2‑407)     Sec. 2‑407. Nonjoinder and misjoinder of parties ‑ Change of parties. No action shall be dismissed for misjoinder of parties, or dismissed for nonjoinder of necessary parties without first affording reasonable opportunity to add them as parties. New parties may be added and parties misjoined may be dropped by order of the court, at any stage of the cause, before or after judgment, as the ends of justice may require and on terms which the court may fix. (Source: P.A. 82‑280.)

(735 ILCS 5/2‑408) (from Ch. 110, par. 2‑408)     Sec. 2‑408. Intervention. (a) Upon timely application anyone shall be permitted as of right to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant will or may be bound by an order or judgment in the action; or (3) when the applicant is so situated as to be adversely affected by a distribution or other disposition of property in the custody or subject to the control or disposition of the court or a court officer.     (b) Upon timely application anyone may in the discretion of the court be permitted to intervene in an action: (1) when a statute confers a conditional right to intervene; or (2) when an applicant's claim or defense and the main action have a question of law or fact in common.     (c) In all cases involving the validity of a constitutional provision, statute or regulation of this State and affecting the public interest, the State upon timely application may in the discretion of the court be permitted to intervene.     (d) In all cases involving the validity of an ordinance or regulation of a municipality or governmental subdivision of this State and affecting the public interest, the municipality or governmental subdivision upon timely application may in the discretion of the court be permitted to intervene.     (e) A person desiring to intervene shall present a petition setting forth the grounds for intervention, accompanied by the initial pleading or motion which he or she proposes to file. In cases in which the allowance of intervention is discretionary, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.     (f) An intervenor shall have all the rights of an original party, except that the court may in its order allowing intervention, whether discretionary or a matter of right, provide that the applicant shall be bound by orders or judgments, theretofore entered or by evidence theretofore received, that the applicant shall not raise issues which might more properly have been raised at an earlier stage of the proceeding, that the applicant shall not raise new issues or add new parties, or that in other respects the applicant shall not interfere with the control of the litigation, as justice and the avoidance of undue delay may require. (Source: P.A. 82‑783.)

(735 ILCS 5/2‑409) (from Ch. 110, par. 2‑409)     Sec. 2‑409. Interpleader. Persons having claims against the plaintiff arising out of the same or related subject matter may be joined as defendants and required to interplead when their claims may expose plaintiff to double or multiple liability. It is not a ground for objection to interpleader that the claims of the several claimants or the titles upon which their claims depend do not have a common origin or are not identical, or are adverse to or independent of one another, or that the plaintiff avers that he or she is not liable in whole or in part to any of or all the claimants. A defendant under similar circumstances may obtain like relief by counterclaim. The provisions hereof are not a limitation upon the joinder of parties or causes of action. (Source: P.A. 82‑280.)

(735 ILCS 5/2‑410) (from Ch. 110, par. 2‑410)     Sec. 2‑410. Actions against joint debtors or partners. All parties to a joint obligation, including a partnership obligation, may be sued jointly, or separate actions may be brought against one or more of them. A judgment against fewer than all the parties to a joint or partnership obligation does not bar an action against those not included in the judgment or not sued. Nothing herein permits more than one satisfaction. (Source: P.A. 82‑280.)

(735 ILCS 5/2‑411) (from Ch. 110, par. 2‑411)     Sec. 2‑411. Actions by or against partnerships. (a) A partnership may sue or be sued in the names of the partners as individuals doing business as the partnership, or in the firm name, or both.     (b) An unsatisfied judgment against a partnership in its firm name does not bar an action to enforce the individual liability of any partner. (Source: P.A. 86‑483.)

(735 ILCS 5/2‑412) (from Ch. 110, par. 2‑412)     Sec. 2‑412. Saving clause as to change of parties. No change in parties, made by order of court or otherwise, impairs any previous attachment of the estate or body of any person remaining a defendant in the action, or bonds or recognizances of any person remaining a party, either as against such person or his or her sureties, or receipts to an officer for property attached; and, when parties are changed, the court may order new bonds if new bonds are necessary. (Source: P.A. 82‑280.)

(735 ILCS 5/2‑413) (from Ch. 110, par. 2‑413)     Sec. 2‑413. Unknown parties. If in any action there are persons interested therein whose names are unknown, it shall be lawful to make them parties to the action by the name and description of unknown owners, or unknown heirs or legatees of any deceased person, who may have been interested in the subject matter of the action previous to his or her death; but an affidavit shall be filed by the party desiring to make those persons parties stating that their names are unknown. Process may then issue and publication may be had against those persons by the name and description so given, and judgments entered in respect to them shall be of the same effect as though they had been designated by their proper names. If there has been a person who may have been interested in the action, and upon diligent inquiry it cannot be ascertained whether the person is living or dead, it shall be lawful to make those persons who would be his or her heirs and legatees parties defendant as unknown owners, the same as if he or she were known to be dead, but in all those cases an affidavit shall be filed by the party desiring to make any unknown persons who would be the heirs or legatees of the person not known to be living or dead parties, stating that upon due and diligent inquiry it cannot be ascertained whether or not the person is living or dead and further stating that the names of the persons who would be his or her heirs or legatees are unknown. Process may then issue and publication may be had against all parties by the name and description of unknown owners, and judgments entered in respect to the unknown parties shall be of the same effect as though they had been designated by their proper names. Only one affidavit is necessary under the provisions of this section for the purpose of making persons described herein parties to the action. (Source: P.A. 83‑707.)

(735 ILCS 5/2‑414) (from Ch. 110, par. 2‑414)     Sec. 2‑414. Joint or consolidated affidavits ‑ validation of judgments. (a) If in any action or proceeding the affidavits required by Section 2‑206 and Section 2‑413 of this Act are joined and submitted as a single affidavit, or as two affidavits on one sheet, the fact of joinder or of consolidation of the two affidavits into one shall not deprive the court of the jurisdiction it would have had if the affidavits had been filed as two distinct affidavits; however, the facts with reference to the nonresident defendants required by Section 2‑206 of this Act, and the facts relative to the unknown parties required by Section 2‑413 of this Act, are otherwise correctly set forth and properly related in the one affidavit.     (b) Any judgment heretofore entered by the court based upon joint affidavits or a consolidated affidavit which is regular in other respects is validated as though the affidavits were separate and distinct. (Source: P.A. 82‑280.)

(735 ILCS 5/2‑415) (from Ch. 110, par. 2‑415)     Sec. 2‑415. Appointment of and actions against receivers. (a) Before any receiver shall be appointed the party making the application shall give bond to the adverse party in such penalty as the court may order and with security to be approved by the court conditioned to pay all damages including reasonable attorney's fees sustained by reason of the appointment and acts of such receiver, in case the appointment of such receiver is revoked or set aside. Bond need not be required, when for good cause shown, and upon notice and full hearing, the court is of the opinion that a receiver ought to be appointed without such bond.     (b) On an application for the appointment of a receiver, the court may, in lieu of appointing a receiver, permit the party in possession to retain such possession upon giving bond with such penalty and with such security and upon such condition as the court may order and approve; and the court may remove a receiver and restore the property to the possession of the party from whom it was taken upon the giving of a like bond.     (c) Every receiver of any property appointed by any court of this State may be sued in respect of any act or transaction of the receiver in carrying on the business connected with the property, without the previous leave of the court in which the receiver was appointed; but the action shall be subject to the jurisdiction of the court in which the receiver was appointed, so far as the same is necessary to the ends of justice. (Source: P.A. 83‑707.)

(735 ILCS 5/2‑416) (from Ch. 110, par. 2‑416)     Sec. 2‑416. Representation of corporations in small claims. A corporation may prosecute as plaintiff or defend as defendant any small claims proceeding in any court of this State through any officer, director, manager, department manager or supervisor of the corporation, as though such corporation were appearing in its proper person.     No corporation may appear as assignee or subrogee in a small claims proceeding.     For the purposes of this Section, the term "officer" means the president, vice‑president, registered agent or other person vested with the responsibility of managing the affairs of the corporation, and "small claims proceeding" means a civil action based on either tort or contract for money not in excess of $2,500, exclusive of interests and costs, or for collection of taxes not in excess of that amount. (Source: P.A. 84‑1043.)

(735 ILCS 5/2‑417) (from Ch. 110, par. 2‑417)     Sec. 2‑417. Actions under Illinois Educational Labor Relations Act. Whenever the Illinois Educational Labor Relations Board commences an action under subsection (b) of Section 16 of the Illinois Educational Labor Relations Act seeking to enforce a final order of the Board or alleging a violation of a final order, such action shall be commenced by petition filed in the name of the people of the State of Illinois as Petitioner and any persons charged with alleged violation of such final order shall be designated Respondents. Persons charged with alleged violation of such final order may not raise as defenses in such action any matters that such persons could have raised by initiating judicial review of such final order in accordance with subsection (a) of Section 16 of the Illinois Educational Labor Relations Act and Section 3‑104 of the Administrative Review Law. (Source: P.A. 84‑123.)