Sec. 8-111. Court Proceedings.

740 words·~3 min read·/il/chapter-775/act-5/8-111

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(A)Civil Actions Commenced in Circuit Court.

(1)Venue. Civil actions commenced in a circuit court pursuant to Section 7A-102 or

8B-102 shall be commenced in the circuit court in the county in which the civil rights violation was allegedly committed.

(2)If a civil action is commenced in a circuit court, the form of the complaint shall

be in accordance with the Code of Civil Procedure.

(3)Jury Trial. If a civil action is commenced in a circuit court under Section 7A-102

or 8B-102, the plaintiff or defendant may demand trial by jury.

(4)Remedies. Upon the finding of a civil rights violation, the circuit court or jury

may award any of the remedies set forth in Section 8A-104 or 8B-104.

(B)Judicial Review.

(1)Any complainant or respondent may apply for and obtain judicial review of a final

order of the Commission entered under this Act by filing a petition for review in the Appellate Court within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision. If a 3-member panel or the full Commission finds that an interlocutory order involves a question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, any party may petition the Appellate Court for permission to appeal the order.

The procedure for obtaining the required Commission findings and the permission of the Appellate Court shall be governed by Supreme Court Rule 308, except the references to the "trial court" shall be understood as referring to the Commission.

(2)In any proceeding brought for judicial review, the Commission's findings of fact

shall be sustained unless the court determines that such findings are contrary to the manifest weight of the evidence.

(3)Venue. Proceedings for judicial review shall be commenced in the appellate court for

the district wherein the civil rights violation which is the subject of the Commission's order was allegedly committed.

(C)Judicial Enforcement.

(1)When the Commission, at the instance of the Department or an aggrieved party,

concludes that any person has violated a valid order of the Commission issued pursuant to this Act, and the violation and its effects are not promptly corrected, the Commission, through a panel of 3 members, shall order the Department to commence an action in the name of the People of the State of Illinois by complaint, alleging the violation, attaching a copy of the order of the Commission and praying for the issuance of an order directing such person, his or her or its officers, agents, servants, successors and assigns to comply with the order of the Commission.

(2)An aggrieved party may file a complaint for enforcement of a valid order of the

Commission directly in Circuit Court.

(3)Upon the commencement of an action filed under paragraphs

(1)or

(2)of this

subsection, the court shall have jurisdiction over the proceedings and power to grant or refuse, in whole or in part, the relief sought or impose such other remedy as the court may deem proper.

(4)The court may stay an order of the Commission in accordance with the applicable

Supreme Court rules, pending disposition of the proceedings.

(5)The court may punish for any violation of its order as in the case of civil contempt.

(6)Venue. Proceedings for judicial enforcement of a Commission order shall be commenced

in the circuit court in the county wherein the civil rights violation which is the subject of the Commission's order was committed.

(7)Enforcement of judicial order. An aggrieved party may take action to collect on a

judicial order issued by the Circuit Court in an enforcement action initiated by the State, regardless of whether or not the aggrieved party intervened in an enforcement action.

(D)Limitation. Except as otherwise provided by law, no court of this state shall have jurisdiction over the subject of an alleged civil rights violation other than as set forth in this Act.

(E)This amendatory Act of 1996 applies to causes of action filed on or after January 1, 1996.

(F)The changes made to this Section by this amendatory Act of the 95th General Assembly apply to charges or complaints filed with the Department or the Commission on or after the effective date of those changes.