Illinois Licensed Beverage Ass'n v. Advanta Leasing Services

Section 2 — 1001(a)(2)(ii) of the Code of Civil Procedure (Code) provides that a party’s motion for substitution of judge as of right must be granted if the motion “is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case.” 735 ILCS 5/2 — 1001(a)(2)(ii) (West 2000). In this case, we consider whether a trial court’s ruling, made at a time the court was without jurisdiction to act, meets the criteria of section 2 — 1001(a)(2)(ii) of the Code, so as to preclude a party after that ruling from obtaining the substitution…