Ill. Admin. Code tit. 74, § 790.50 - Complaint-Required Provisions
a)
General. A complaint shall be verified by the Claimant or counsel and must set
forth fully in the following order:
1) Nature
of the Claim. A statement of the nature of the claim, its basis (tort,
contract, etc.) and each State officer or agency that is alleged to be
responsible, in whole or in part, for the liability asserted in the claim; if
the claim is against a State employee, the basis upon which liability is
claimed against the State must be specifically stated;
2) Jurisdiction. The Section of the Court of
Claims Act under which jurisdiction is asserted;
3) Fact Allegations. All allegations of fact
required to set forth the claimant's cause of action;
4) History of Claim. Whether the claim has
been presented to any State department or officer, or has been the subject of
administrative proceedings, and if so:
A)
when and to whom or which administrative body the claim was
presented;
B) the action taken on
behalf of the claim by the State or the appropriate State agency or officer and
by each administrative body that has considered the claim;
5) Ownership. What persons are owners of the
claim or interested therein, and when and upon what consideration such persons
became interested;
6) Assignments.
That no assignment or transfer of the claim, or any part thereof or interest
therein, has been made except as stated in the complaint;
7) Entitlement. That claimant is justly
entitled to the amount claimed from the State of Illinois or the appropriate
State agency after allowing all just credits;
8) Verification. That the facts stated in the
complaint are true;
9) Whether this
claim or any other claim arising out of the same occurrence (against any
person, firm or governmental agency other than the State of Illinois or any of
its officers or agencies) has been previously presented to any person, firm,
court or administrative tribunal other than the State of Illinois, and, if so:
A) when, to whom, and what action was taken
by each person, firm, court or administrative tribunal; and
B) what payments or other considerations, if
any, have been received. Claimant must file with the Clerk of the Court copies
of all instruments evidencing such payment or consideration;
10) Status of Respondent. If a
State officer or agency or department of the State is sued in a capacity as
holder, administrator or trustee of a fund, or as executor or administrator of
a trust or estate, or as a guardian, conservator or any similar capacity, the
complaint shall identify:
A) the fund,
estate, trust or other entity involved;
B) the statute or principle of law governing
the creation of the fund or other entity; and
C) any instrument or order of court or
administrative or governmental agency creating such capacity or fund or
entity;
11) Damages. A
bill of particulars, stating in detail each item of damages, and the amount
claimed;
12) If the claimant is an
executor, administrator, guardian or other representative appointed by a
judicial tribunal, a duly certified copy of the record of appointment must be
filed with the complaint.
b) Personal injuries. Where a complaint
alleges damages as a result of personal injuries, claimant shall:
1) Attach to the complaint, as a separate
item, copies of the notices served as required by Sec. 22-1 of the Court of
Claims Act [705 ILCS 505/22-1 ], showing how
and when the notices were served.
2) Include with the bill of particulars, as
required by subsection (a)(11), the names and addresses of all persons
providing medical services; if hospitalized, name of hospital and dates of
hospitalization; name of claimant's employer, place of employment, and dates of
time lost, if any.
c)
Contracts. If the claimant bases the complaint upon a contract, or other
instrument in writing, a copy shall be attached for reference.
d) Lapsed appropriations. All claims for
services or materials furnished to the State of Illinois, payment of which has
been denied solely because of a lapsed appropriation, shall be filed with the
Clerk of the Court of Claims in the following manner:
1) Claims shall be initiated by filing with
the Clerk of the Court of Claims 4 copies of a verified lapsed appropriation
claim form (available upon request from the Clerk's office) or a
facsimile.
2) Respondent shall
confirm or deny that such sum of money or any sum of money is due the
claimant.
3) Claims against no more
than one department or State agency shall be included in each
complaint.
4) Claimant's name and
address, or that of his or her attorney, shall appear at the bottom of the
complaint.
Notes
Amended at 24 Ill. Reg. 8228, effective July 1, 2000
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