HB1391

REFUSAL WAIVE SERVICE SUMMONS

Chamber Passed·2/25/26

Illinois HB1391 mandates court-imposed costs on defendants who refuse to waive service of summons without good cause.

Illinois HB1391 amends the Code of Civil Procedure to eliminate the option for defendants to refuse to waive service of summons. If a defendant within the United States fails to return a waiver requested by a plaintiff within the United States, the court must impose on the defendant the expenses incurred in making service and the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses. This change aims to streamline the legal process by ensuring defendants comply with service requests.

Included in complete analysis

  • Overview
  • Core Provisions
  • Implementation
  • Impact
  • Legal Framework
  • Critical Issues

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Where it stands

Last
Passed the House · Feb 25
Current
Assignments Committee
Next
Senate floor vote

Sponsors

DDDDD
5
0
Democratic CaucusRepublican Caucus

Calendar

Feb 26, 2025

8:00 AM

Judiciary - Civil Committee Hearing

Feb 26, 2025

8:30 AM

Judiciary - Civil Committee Hearing

History

Jun 1

Senate

Rule 3-9(a) / Re-referred to Assignments

Jun 1

Senate

Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

May 22

Senate

Rule 2-10 Committee/3rd Reading Deadline Established As May 31, 2026