Illinois Supreme Court Rule 187, titled “Motions on Grounds of Forum Non Conveniens,” sets out the procedure to be followed when the defendant wishes, for reasons of inconvenience, to move the proceeding to another county or to dismiss it altogether.
Each defendant in the case has 90 days from the date its answer is due to file a motion for forum non conveniens. The motion may be supported or opposed by affidavit or by any other “competent evidence.” Should the defendant prevail, Rule 187 also spells out the procedure for transferring the case to another intrastate forum.
Outright dismissal is required only if the judge rules the case should have been filed in another state; in this event, dismissal must be on the following conditions:
(a) the defendant shall agree to accept service from the out-of-state forum as long as the case is refiled within six months; and(b) the defendant shall agree to waive any statute of limitations defense arising from the out-of-state forum.
Tomorrow: The substantive rules.
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