(735 ILCS 5/2-401) (from Ch. 110, par. 2-401)
Sec. 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.)
|