Bill Text: IL SB3295 | 2017-2018 | 100th General Assembly | Chaptered
Bill Title: Amends the Code of Civil Procedure regarding a pleading or other document verified by certification. Provides that the pleading or other document may be used in the same manner as though sworn under oath without any further requirement that the document be sworn before an authorized person.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1086 [SB3295 Detail]
Download: Illinois-2017-SB3295-Chaptered.html
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Public Act 100-1086 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 1-109 as follows:
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(735 ILCS 5/1-109) (from Ch. 110, par. 1-109)
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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
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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.
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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.
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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 .
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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.
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(Source: P.A. 83-916.)
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