FOREIGN ACTIONS AND JUDGMENTS
A. ACTIONS ARISING AND BARRED IN FOREIGN STATES
CAVEAT: These Guidelines are not a substitute for the statutory examination that is needed in considering a statute of limitations problem. We recommend such research. — Editors
735 ILCS 5/13-210: Foreign limitations
When a cause of action arises in another state, territory, or foreign country and that jurisdiction's limitations period has run, the action may not be maintained in this State.
735 ILCS 5/13-210 is Illinois' "borrowing statute" for limitations periods, using the statute of limitations from the state where the cause of action accrued. The borrowing statute applies only if the foreign limitations period is shorter than Illinois' - the statute cannot be used to "borrow" a longer foreign limitations period so as to save a claim which would be barred by Illinois law.
The borrowing statute only applies if none of the parties are Illinois residents when the cause of action accrues, however, where none of the parties was an Illinois resident when the cause of action accrued, 5/13-210 will still apply even if one of the parties later became an Illinois resident before the expiration of the limitations period of the jurisdiction in which the cause of action accrued. Newell Co. v. Petersen, 325 Ill. App. 3d 661 (2d Dist. 2001). Where a declaratory judgment action was filed concerning an insurer's duty to defend, the borrowing statute was held inapplicable, the court finding that Illinois had the most significant contacts with the cause of action. Employers Insurance of Wausau v. Ehlco Liquidating Trust, 309 Ill. App. 3d 730 (1st Dist. 2009). For the purposes of § 13-210 a corporation is considered to be...
