summary
Introduced
01/23/2026
01/23/2026
In Committee
01/30/2026
01/30/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Civil Procedure. Prohibits a court from entering a default judgment against a party if the party: (1) is a pro se litigant; (2) has a specified disability or health condition; and (3) failed to appear at a hearing due to that disability or health condition. Provides that a party who meets these requirements is not required to give notice to the court of the party's inability to appear at a hearing. Provides that any default judgment entered against a party who meets these requirements shall be set aside and the party may seek relief from the default judgment. Applies to all default judgments, whether entered before, on, or after the effective date of the amendatory Act.
AI Summary
This bill amends the Code of Civil Procedure to prevent courts from entering a default judgment, which is a judgment entered against a party who fails to appear in court or respond to a lawsuit, against a party who is representing themselves (a "pro se litigant") and has a specified disability or health condition that prevented them from appearing at a hearing. If such a party fails to appear due to their disability or health condition, they are not required to give prior notice to the court about their inability to attend. Any default judgment entered against a party meeting these criteria will be set aside, and the party can seek relief from the judgment. This provision applies to all default judgments, regardless of when they were entered, if they were entered in violation of these new protections, aiming to uphold constitutional rights and protections for individuals with disabilities.
Sponsors (1)
Last Action
Referred to Rules Committee (on 01/30/2026)
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