Illinois Compiled Statutes
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CIVIL PROCEDURE735 ILCS 5/Art. II Pt. 4
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. II Pt. 4 heading)
735 ILCS 5/2-401
(735 ILCS 5/2-401)
(from Ch. 110, par. 2-401)
Designation of parties - Misnomer.
(a) The party commencing an action shall be called the plaintiff.
The adverse party shall be called the defendant.
(b) Misnomer of a party is not a ground for dismissal but the name
of any party may be corrected at any time, before or after judgment, on
motion, upon any terms and proof that the court requires.
(c) A party shall set forth in the body of his or her pleading the names of
all parties for and against whom relief is sought thereby.
(d) Unless a contrary meaning is indicated, wherever used in this
Act and in rules adopted pursuant hereto the term "plaintiff" includes
counterclaimants and third-party plaintiffs, and the term "defendant"
includes third-party defendants and parties against whom relief is
sought by counterclaim.
(e) Upon application and for good cause shown the parties may
appear under fictitious names.
(Source: P.A. 85-907.)
735 ILCS 5/2-402
(735 ILCS 5/2-402)
(from Ch. 110, par. 2-402)
Respondents in discovery.
in any civil action may designate as
respondents in discovery in his or her pleading those individuals or
other entities, other than
the named defendants, believed by the plaintiff to have information essential
to the determination of who should properly be named as additional
defendants in the action.
Persons or entities so named as respondents in discovery shall be required
to respond to discovery by the plaintiff in the same manner as are
defendants and may, on motion of the plaintiff, be added as defendants
if the evidence discloses the existence of probable cause for such
A person or entity named a respondent in discovery may upon his or
her own motion be
made a defendant in the action, in which case the provisions of this
Section are no longer applicable to that person.
A copy of the complaint shall be served on each person or entity named as a
respondent in discovery.
Each respondent in discovery shall be paid expenses and fees as
provided for witnesses.
A person or entity named as a respondent in discovery in any civil action may
be made a defendant in the same action at any time within 6 months after
being named as a respondent in discovery, even though the time during
which an action may otherwise be initiated against him or her may have expired
during such 6 month period.
An extension from the original 6-month period for good cause may be granted only once for up to 90 days for (i) withdrawal of plaintiff's counsel or (ii) good cause. Notwithstanding the limitations in this Section, the court may grant additional reasonable extensions from this 6-month period for a failure or refusal on the part of the respondent to comply with timely filed discovery.
The plaintiff shall serve upon the respondent or respondents a copy of the complaint together with a summons in a form substantially as follows:
"STATE OF ILLINOIS
COUNTY OF ..................
IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
(or, In the Circuit Court of the ............ Judicial Circuit)
Respondent(s) in Discovery.
SUMMONS FOR DISCOVERY
TO RESPONDENT IN DISCOVERY:
YOU ARE HEREBY NOTIFIED that on ................, 20..... , a complaint, a copy of which is attached, was filed in the above Court naming you as a Respondent in Discovery. Pursuant to the Illinois Code of Civil Procedure Section 2-402 and Supreme Court Rules 201 et. seq., and/or Court Order entered on .................................., the above named Plaintiff(s) are authorized to proceed with the discovery of the named Respondent(s) in Discovery.
YOU ARE SUMMONED AND COMMANDED to appear for deposition, before a notary public (answer the attached written interrogatories), (respond to the attached request to produce), (or other appropriate discovery tool).
We are scheduled to take the oral discovery deposition of the above named Respondent, .................................., on ........................, 20..., at the hour of ..... a.m./p.m., at the office ..........................................., Illinois, in accordance with the rules and provisions of this Court. Witness and mileage fees in the amount of ....................... are attached (or)
(serve the following interrogatories, request to produce, or other appropriate discovery tool upon Respondent, ....................... to be answered under oath by Respondent, ............................, and delivered to the office of ................................., Illinois, within 28 days from date of service).
TO THE OFFICER/SPECIAL PROCESS SERVER:
This summons must be returned by the officer or other person to whom it was given for service, with endorsement or affidavit of service and fees and an endorsement or affidavit of payment to the Respondent of witness and mileage fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed.
Clerk of Court
Date of Service: .........., 20...
(To be inserted by officer on copy left
with Respondent or other person)
This amendatory Act of the 94th General Assembly applies to causes of action pending on or after its effective date.
(Source: P.A. 94-582, eff. 1-1-06.)
735 ILCS 5/2-403
(735 ILCS 5/2-403)
(from Ch. 110, par. 2-403)
Who may be plaintiff - Assignments - Subrogation.
(a) The assignee and owner of a non-negotiable chose in action may
sue thereon in his or her own name. Such person shall in his or her pleading
on oath allege
that he or she is the actual bona fide owner thereof, and set forth how and
when he or she acquired title. The action is subject to any defense or
existing before notice of the assignment.
(b) In all cases in which the chose in action consists of wages due
or to become due to the assignor thereof from the defendant in the
action, at least 5 days' written notice of the pendency of the action
shall be served upon the assignor, before the trial of the same. Upon
application of the assignor of the chose in action the court shall allow
him or her to intervene and be made a party to the action.
The assignor, or the
defendant to the action on behalf of the assignor, shall be allowed to set
up or affirmatively maintain any just setoff, discount or defense which
the assignor may have to the assignment of the chose in action, or to the
indebtedness, the payment of which is secured by the assignment of the chose
in action. The
court, by jury or otherwise, shall ascertain the amount of the
indebtedness remaining due and unpaid from the assignor to the assignee
of the chose in action. The judgment, if any, against the defendant
shall not exceed the amount so found to be due and unpaid from the
assignor to the assignee of the chose in action. Judgment for the
balance, if any, remaining due from the defendant, upon the assigned
chose in action, shall be rendered in favor of the assignor and against
the defendant in the action or proceeding. The court may
enter any order
as to costs in the proceeding that may be equitable.
(c) Any action hereafter brought by virtue of the subrogation
provision of any contract or by virtue of subrogation by operation of
law shall be brought either in the name or for the use of the subrogee;
and the subrogee shall in his or her pleading on oath,
or by his or her
affidavit if pleading is not required, allege that he or she is the actual bona
fide subrogee and set forth how and when he or she became subrogee.
(d) A judgment in an action brought and conducted by a subrogee by
virtue of the subrogation provision of any contract or by virtue of any
subrogation by operation of law, whether in the name of the subrogor or
otherwise, is not a bar or a determination on the merits of the case or
any aspect thereof in an action by the subrogor to recover upon any
other cause of action arising out of the same transaction or series of
(Source: P.A. 83-707.)
735 ILCS 5/2-404
(735 ILCS 5/2-404)
(from Ch. 110, par. 2-404)
Joinder of plaintiffs.
All persons may join in one action as plaintiffs,
in whom any right to relief in respect of or arising out of the same
transaction or series of transactions is alleged to exist, whether
jointly, severally or in the alternative, whenever if those persons had
brought separate actions any common question of law or fact would arise.
If upon the application of any party it shall appear that
joinder may embarrass or delay the trial of the action, the court may
order separate trials or enter any other order that may be expedient.
Judgment may be entered for any one or more of the plaintiffs who may be
found to be entitled to relief, for the relief to which he or she or they may
If any one who is a necessary plaintiff, counterclaimant or
third-party plaintiff declines to join, he or she may be made a defendant,
cross defendant or third-party defendant, as the case may be, the reason
therefor being stated in the complaint, counterclaim or third-party
(Source: P.A. 83-707.)
735 ILCS 5/2-405
(735 ILCS 5/2-405)
(from Ch. 110, par. 2-405)
Joinder of defendants.
(a) Any person may be made a defendant who, either jointly,
severally or in the alternative, is alleged to have or claim an interest
in the controversy, or in any part thereof, or in the transaction or
series of transactions out of which the controversy arose, or whom it is
necessary to make a party for the complete determination or settlement
of any question involved therein, or against whom a liability is
asserted either jointly, severally or in the alternative arising out of
the same transaction or series of transactions, regardless of the number
of causes of action joined.
(b) It is not necessary that each defendant be interested as to all
the relief prayed for, or as to every cause of action included in any
proceeding against him or her; but the court may make any order that may be
just to prevent any defendant from being embarrassed or put to expense
by being required to attend any proceedings in which such defendant may have no
(c) If the plaintiff is in doubt as to the person from whom he or she is
entitled to redress, he or she may join two or more defendants, and state his or her
claim against them in the alternative in the same count or plead
separate counts in the alternative against different defendants, to the
intent that the question which, if any, of the defendants is liable, and
to what extent, may be determined as between the parties.
(Source: P.A. 82-280.)
735 ILCS 5/2-406
(735 ILCS 5/2-406)
(from Ch. 110, par. 2-406)
Bringing in new parties - Third-party proceedings.
(a) If a complete determination of a controversy cannot be had
without the presence of other parties, the court may direct them to be
brought in. If a person, not a party, has an interest or title which the
judgment may affect, the court, on application, shall direct such person to be
made a party.
(b) Within the time for filing his or her answer or thereafter by leave of
court, a defendant may by third-party complaint bring in as a defendant
a person not a party to the action who is or may be liable to him or her for
all or part of the plaintiff's claim against him or her. Subsequent pleadings
shall be filed as in the case of a complaint and with like designation
and effect. The third-party defendant may assert any defenses which he or she
has to the third-party complaint or which the third-party plaintiff has
to the plaintiff's claim and shall have the same right to file a
counterclaim or third-party complaint as any other defendant. If the
plaintiff desires to assert against the third-party defendant any claim
which the plaintiff might have asserted against the third-party
defendant had he or she been joined originally as a defendant, the plaintiff shall do so
by an appropriate pleading. When a counterclaim is filed against a
party, the party may in like manner proceed against third parties. Nothing
herein applies to liability insurers.
(c) An action is commenced against a new party by the filing of an
appropriate pleading or the entry of an order naming him or her a party.
Service of process shall be had upon a new party in like manner as is
provided for service on a defendant.
(Source: P.A. 82-280.)
735 ILCS 5/2-407
(735 ILCS 5/2-407)
(from Ch. 110, par. 2-407)
Nonjoinder and misjoinder of parties - Change of parties.
No action shall be dismissed for misjoinder of parties, or dismissed
for nonjoinder of necessary parties without first affording reasonable
opportunity to add them as parties. New parties may be added and parties
misjoined may be dropped by order of the court, at any stage of the
cause, before or after judgment, as the ends of justice may require and
on terms which the court may fix.
(Source: P.A. 82-280.)
735 ILCS 5/2-408
(735 ILCS 5/2-408)
(from Ch. 110, par. 2-408)
(a) Upon timely application anyone shall be
permitted as of right to intervene in an action: (1) when a statute
confers an unconditional right to intervene; or (2) when the
representation of the applicant's interest by existing parties is or may
be inadequate and the applicant will or may be bound by an order or
judgment in the action; or (3) when the applicant is so situated as to
be adversely affected by a distribution or other disposition of property
in the custody or subject to the control or disposition of the court or
a court officer.
(b) Upon timely application anyone may in the discretion of the
court be permitted to intervene in an action: (1) when a statute confers
a conditional right to intervene; or (2) when an applicant's claim or
defense and the main action have a question of law or fact in common.
(c) In all cases involving the validity of a constitutional
provision, statute or regulation of this State and affecting the public
interest, the State upon timely application may in the discretion of the
court be permitted to intervene.
(d) In all cases involving the validity of an ordinance or
regulation of a municipality or governmental subdivision of this State
and affecting the public interest, the municipality or governmental
subdivision upon timely application may in the discretion of the court
be permitted to intervene.
(e) A person desiring to intervene shall present a petition setting
forth the grounds for intervention, accompanied by the initial pleading
or motion which he or she proposes to file. In cases in which the allowance of
intervention is discretionary, the court shall consider whether the
intervention will unduly delay or prejudice the adjudication of the
rights of the original parties.
(f) An intervenor shall have all the rights of an original party,
except that the court may in its order allowing intervention, whether
discretionary or a matter of right, provide that the applicant shall be
bound by orders or judgments, theretofore entered or by evidence
theretofore received, that the applicant shall not raise issues which
might more properly have been raised at an earlier stage of the
proceeding, that the applicant shall not raise new issues or add new
parties, or that in other respects the applicant shall not interfere
with the control of the litigation, as justice and the avoidance of
undue delay may require.
(Source: P.A. 82-783.)
735 ILCS 5/2-409
(735 ILCS 5/2-409)
(from Ch. 110, par. 2-409)
Persons having claims against the plaintiff arising out of the same
or related subject matter may be joined as defendants and required to
interplead when their claims may expose plaintiff to double or multiple
liability. It is not a ground for objection to interpleader that the
claims of the several claimants or the titles upon which their claims
depend do not have a common origin or are not identical, or are adverse
to or independent of one another, or that the plaintiff avers that he or she is
not liable in whole or in part to any of or all the claimants. A
defendant under similar circumstances may obtain like relief by
counterclaim. The provisions hereof are not a limitation upon the
joinder of parties or causes of action.
(Source: P.A. 82-280.)
735 ILCS 5/2-410
(735 ILCS 5/2-410)
(from Ch. 110, par. 2-410)
Actions against joint debtors or partners.
All parties to a joint obligation, including a partnership
obligation, may be sued jointly, or separate actions may be brought
against one or more of them. A judgment against fewer than all the
parties to a joint or partnership obligation does not bar an action
against those not included in the judgment or not sued. Nothing herein
permits more than one satisfaction.
(Source: P.A. 82-280.)
735 ILCS 5/2-411
(735 ILCS 5/2-411)
(from Ch. 110, par. 2-411)
Actions by or against partnerships.
(a) A partnership may sue or be sued in the names of the partners as
individuals doing business as the partnership, or in the firm name, or
(b) An unsatisfied judgment against a partnership in its firm name
does not bar an action to enforce the individual liability of any
(Source: P.A. 86-483.)
735 ILCS 5/2-412
(735 ILCS 5/2-412)
(from Ch. 110, par. 2-412)
Saving clause as to change of parties.
No change in parties, made by order of court or otherwise, impairs
any previous attachment of the estate or body of any person remaining a
defendant in the action, or bonds or recognizances of any person
remaining a party, either as against such person or his or her sureties, or
receipts to an officer for property attached; and, when parties are
changed, the court may order new bonds if new bonds are necessary.
(Source: P.A. 82-280.)
735 ILCS 5/2-413
(735 ILCS 5/2-413)
(from Ch. 110, par. 2-413)
If in any action there are persons interested therein whose names are
unknown, it shall be lawful to make them parties to the action by the
name and description of unknown owners, or unknown heirs or legatees of
any deceased person, who may have been interested in the subject matter
of the action previous to his or her death; but an affidavit shall be
filed by the party desiring to make those persons parties stating that
their names are unknown. Process may then issue and publication may be
had against those persons by the name and description so given, and
judgments entered in respect to them shall be of the same effect as
though they had been designated by their proper names. If there has been
a person who may have been interested in the action, and upon diligent
inquiry it cannot be ascertained whether the person is living or dead,
it shall be lawful to make those persons who would be his or her heirs and
legatees parties defendant as unknown owners, the same
as if he or she were
known to be dead, but in all those cases an affidavit shall be filed by
the party desiring to make any unknown persons who would be the heirs or
legatees of the person not known to be living or dead parties, stating
that upon due and diligent inquiry it cannot be ascertained whether or
not the person is living or dead and further stating that the names of
the persons who would be his or her heirs or legatees are
unknown. Process may
then issue and publication may be had against all parties by the name
and description of unknown owners, and judgments entered in respect to
the unknown parties shall be of the same effect as though they had been
designated by their proper names. Only one affidavit is necessary under
the provisions of this section for the purpose of making persons
described herein parties to the action.
(Source: P.A. 83-707.)
735 ILCS 5/2-414
(735 ILCS 5/2-414)
(from Ch. 110, par. 2-414)
Joint or consolidated affidavits - validation of judgments.
(a) If in any action or proceeding the
affidavits required by Section 2-206 and Section 2-413 of this Act are joined
and submitted as a single affidavit, or as two affidavits on one sheet,
the fact of joinder or of consolidation of the two affidavits into one
shall not deprive the court of the jurisdiction it would have had if the
affidavits had been filed as two distinct affidavits; however, the facts
with reference to the nonresident defendants required by Section 2-206 of
this Act, and the facts relative to the unknown parties required by
Section 2-413 of this Act, are otherwise correctly set forth and properly
related in the one affidavit.
(b) Any judgment heretofore entered by the court based upon joint
affidavits or a consolidated affidavit which is regular in other
respects is validated as though the affidavits were separate and
(Source: P.A. 82-280.)
735 ILCS 5/2-415
(735 ILCS 5/2-415)
(from Ch. 110, par. 2-415)
Appointment of and actions against receivers.
any receiver shall be appointed the party making the application shall give
bond to the adverse party in such penalty as the court may order and with
security to be approved by the court conditioned to pay all damages including
reasonable attorney's fees sustained by reason of the
appointment and acts of such receiver, in case the appointment of such receiver
is revoked or set aside. Bond need not be required, when for good cause
shown, and upon notice and full hearing, the court is of the
opinion that a receiver ought to be appointed without such bond.
(b) On an application for the appointment of a receiver, the court may,
in lieu of appointing a receiver, permit the party in possession to retain
such possession upon giving bond with such penalty and with such security
and upon such condition as the court may order and approve; and the court
may remove a receiver and restore the property to the possession of the
party from whom it was taken upon the giving of a like bond.
(c) Every receiver of any property
appointed by any court of this State may be sued in respect of any act
or transaction of the receiver in carrying on the business connected with the
property, without the previous leave of the court in which the receiver
was appointed; but the action shall be subject to the jurisdiction of the
court in which the receiver was appointed, so far as the same is
necessary to the ends of justice.
(Source: P.A. 83-707.)
735 ILCS 5/2-416
(735 ILCS 5/2-416)
(from Ch. 110, par. 2-416)
Representation of corporations in small claims.
corporation may prosecute as plaintiff or defend as defendant
any small claims proceeding in any court of this State through any officer,
director, manager, department manager or supervisor of the corporation,
as though such corporation were appearing in its proper person.
No corporation may appear as assignee or subrogee in a small claims proceeding.
For the purposes of this Section, the term "officer" means the president,
vice-president, registered agent or other person vested with the responsibility
of managing the affairs of the corporation, and "small claims proceeding"
means a civil action based on either tort or contract for money not in excess
of $2,500, exclusive of interests and costs, or for collection of taxes
not in excess of that amount.
(Source: P.A. 84-1043.)
735 ILCS 5/2-417
(735 ILCS 5/2-417)
(from Ch. 110, par. 2-417)
Actions under Illinois Educational Labor Relations Act.
Whenever the Illinois Educational Labor Relations Board commences an action
under subsection (b) of Section 16 of the Illinois Educational Labor
Relations Act seeking to enforce a final order of the Board or alleging a
violation of a final order, such action shall be commenced by petition
filed in the name of the people of the State of Illinois as Petitioner and
any persons charged with alleged violation of such final order shall be
designated Respondents. Persons charged with alleged violation of such
final order may not raise as defenses in such action any matters that such
persons could have raised by initiating judicial review of such final order
in accordance with subsection (a) of Section 16 of the Illinois Educational
Labor Relations Act and Section 3-104 of the Administrative Review Law.
(Source: P.A. 84-123.)