Ill. Admin. Code tit. 74, § 790.40 - Procedure
a) Filing. Cases
shall be commenced by the filing of a verified complaint with the Clerk of the
Court. A party filing a case shall be designated as the claimant, and either
the State of Illinois or the appropriate State agency (Section 8(d), Court of
Claims Act [705
ILCS 505/8(d)]) shall be designated
as the respondent. The Clerk will note on the complaint, and each copy, the
date of filing, and deliver one of the copies to the Attorney General or to the
legal counsel of the appropriate State agency. Joinder of claimants in one case
is permitted, as provided by the Code of Civil Procedure [735 ILCS
5].
b) Attorney of Record. In all
cases filed in this Court, all claimants not appearing pro se must be
represented of record by a member of the Illinois bar. Permission for an
out-of-state attorney to appear will require compliance with Supreme Court
Rules 707, 718 and 756, governing out-of-state attorneys' authorization to
practice. If the name of an attorney, his address, and telephone number appear
on a complaint, no written appearance for such attorney need be filed, but
withdrawal and substitution of attorneys shall be by written motion, with proof
of service upon the claimant, and filed in the case.
c) Complaint-form. The complaint shall be
captioned substantially as follows:
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IN THE COURT OF CLAIMS OF THE |
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STATE OF ILLINOIS |
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A.B.,) |
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Claimant |
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vs. |
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No. |
_________________ |
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$ |
_________________ |
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STATE OF ILLINOIS (or |
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Amount Claimed |
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the appropriate |
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State Agency), |
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Respondent |
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d)
Pursuant to the disaster proclaimed by the Governor in Gubernatorial
Proclamation number 2020-038, the statute of limitations for filing claims in
the Illinois Court of Claims, as referenced in 705 ILCS 22, and the Notice
provision of 705 ILCS 22 -1 is tolled for the pendency of this disaster and for
a period of 30 days thereafter.
Notes
Amended at 24 Ill. Reg. 8228, effective July 1, 2000
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