2023 Illinois Compiled Statutes › Chapter 735 - CIVIL PROCEDURE › 735 ILCS 5/ - Code of Civil Procedure. › Article I - General Provisions

(735 ILCS 5/Art. I heading)
ARTICLE I
GENERAL PROVISIONS
(735 ILCS 5/1-101) (from Ch. 110, par. 1-101)
Sec. 1-101. 
		Short titles.
(a) This Act shall be known and may be cited
as the "Code of Civil Procedure".
(b) Article II shall be known as the "Civil Practice Law" and may be referred
to by that designation.
(c) Article III shall be known as the "Administrative Review Law" and
may be referred to by that designation.
(Source: P.A. 82-280.)
(735 ILCS 5/1-102) (from Ch. 110, par. 1-102)
Sec. 1-102. 
		Continuation of prior statutes. 
		The provisions of this
Act insofar as they are the same or substantially the same as those of any
prior statute, shall be construed as a continuation of such prior statute
and not as a new enactment.
If in any other statute reference is made to an Act of the General Assembly,
or an Article or a Section of such an Act, which is continued in this Act,
such reference shall refer to the Act, Article, or Section thereof so continued
in this Act.
(Source: P.A. 82-280.)
(735 ILCS 5/1-103) (from Ch. 110, par. 1-103)
Sec. 1-103. 
		Effect of headings. 
		Article, Part and Section headings
contained herein shall not be deemed to govern, limit, modify or in any
manner affect the scope, meaning or intent of the provisions of any Article,
Part or Section of this Act.
(Source: P.A. 82-280.)
(735 ILCS 5/1-104) (from Ch. 110, par. 1-104)
Sec. 1-104. 
		Power of courts to make rules. 
		(a) The Supreme Court of this State has power to make rules of
pleading, practice and procedure for the circuit, Appellate and Supreme
Courts supplementary to, but not inconsistent with the provisions of this Act,
and to amend the same, for the purpose of making this Act effective
for the convenient administration of justice, and otherwise simplifying
judicial procedure, and power to make rules governing pleading, practice
and procedure in small claims actions, including service of process
in connection therewith. Unless otherwise indicated by the text,
references in this Act to rules are to rules of the Supreme Court.
(b) Subject to the rules of the Supreme Court, the circuit and Appellate
Courts may make rules
regulating their dockets, calendars, and business.
(Source: P.A. 82-280.)
(735 ILCS 5/1-105) (from Ch. 110, par. 1-105)
Sec. 1-105. 
		Enforcement of Act and rules. 
		The Supreme Court may provide by rule for the orderly and expeditious
administration and enforcement of this Act and of the rules,
including the striking of pleadings, the dismissal of claims,
the entry of defaults, the assessment of costs, the assessment against
an offending party of the reasonable expenses, including attorney's
fees, which any violation causes another party to incur, or other action
that may be appropriate.
(Source: P.A. 82-280.)
(735 ILCS 5/1-106) (from Ch. 110, par. 1-106)
Sec. 1-106. 
		Act to be liberally construed. 
		This Act shall be liberally construed, to the end that controversies
may be speedily and finally determined according to the substantive
rights of the parties. The rule that statutes in derogation of the
common law must be strictly construed does not apply to this Act or to
the rules made in relation thereto.
(Source: P.A. 82-280.)
(735 ILCS 5/1-107) (from Ch. 110, par. 1-107)
Sec. 1-107. 
		Appeals. 
		Appeals may be taken as provided for civil cases.
(Source: P.A. 82-280.)
(735 ILCS 5/1-108) (from Ch. 110, par. 1-108)
Sec. 1-108. 
		Civil Practice Law applies. 
		(a) The provisions of Article
II of this Act apply to all proceedings covered by Articles III through
XIX of this Act except as otherwise provided in each of the Articles III
through XIX, respectively.
(b) In proceedings in which the procedure is regulated by statutes other
than those contained in this Act, such other statutes control to the extent
to which they regulate procedure but Article II of this Act applies to matters
of procedure not regulated by such other statutes.
(c) As to all matters not regulated by statute or rule of court, the practice
at common law prevails.
(Source: P.A. 82-280.)
(735 ILCS 5/1-109) (from Ch. 110, par. 1-109)
Sec. 1-109. Verification by certification. Unless  otherwise expressly
provided by rule of the Supreme Court, whenever in this Code any complaint,
petition, answer, reply, bill of particulars, answer to interrogatories,
affidavit, return or proof of service, or other document or pleading filed
in any court of this State is required or permitted to be verified, or made,
sworn to or verified under oath, such requirement or permission is hereby
defined to include a certification of such pleading, affidavit or other
document under penalty of perjury as provided in this Section.
Whenever any such pleading, affidavit or other document is so certified,
the several matters stated shall be stated positively or upon information
and belief only, according to the fact. The person or persons having knowledge
of the matters stated in a pleading, affidavit or other document certified
in accordance with this Section shall subscribe to a certification in substantially
the following form:  Under penalties as provided by law pursuant to Section
1-109 of the Code of Civil Procedure, the undersigned certifies that the
statements set forth in this instrument are true and correct, except as
to matters therein stated to be on information and belief and as to such
matters the undersigned certifies as aforesaid that he verily believes the
same to be true.
Any pleading, affidavit, or other document certified in accordance with
this Section may be used in the same manner and with the same force and
effect as  though subscribed and sworn to under oath, and there is no further requirement that the pleading, affidavit, or other document be sworn before an authorized person.
Any person who makes a false statement, material to the issue or point
in question, which he does not believe to be true, in any pleading, affidavit
or other document certified by such person in accordance with this Section
shall be guilty of a Class 3 felony.
(Source: P.A. 100-1086, eff. 1-1-19.)