Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/2-101) (from Ch. 110, par. 2-101) Sec. 2-101. Generally. Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgmen…

(735 ILCS 5/2-101.5) Sec. 2-101.5. Venue in actions asserting constitutional claims against the State. (a) Notwithstanding any other provisions of this Code, if an action is brought against the State or any of its officers, employees, or agents acting in an official capacity on o…

(735 ILCS 5/2-1010) (from Ch. 110, par. 2-1010) Sec. 2-1010. (a) In any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, hospital, or other healing art malpractice, a party may, in lieu of answering o…

(735 ILCS 5/2-1011) (from Ch. 110, par. 2-1011) Sec. 2-1011. Deposits with Court. (a) In any action in which any part of the relief sought is a judgment for a sum of money or a determination by the court as to the disposition of a sum of money and a party to the action deposits a…

(735 ILCS 5/2-102) (from Ch. 110, par. 2-102) Sec. 2-102. Residence of corporations, voluntary unincorporated associations and partnerships defined. For purposes of venue, the following definitions apply: (a) Any private corporation or railroad or bridge company, organized under …

(735 ILCS 5/2-103) (from Ch. 110, par. 2-103) Sec. 2-103. Public corporations - Local actions - Libel - Insurance companies. (a) Actions must be brought against a public, municipal, governmental or quasi-municipal corporation in the county in which its principal office is located…

(735 ILCS 5/2-104) (from Ch. 110, par. 2-104) Sec. 2-104. Wrong venue - Waiver - Motion to transfer. (a) No order or judgment is void because rendered in the wrong venue, except in case of judgment by confession as provided in subsection (c) of Section 2-1301 of this Act. No acti…

(735 ILCS 5/2-105) (from Ch. 110, par. 2-105) Sec. 2-105. Defendants in different counties - Review. In any action involving defendants residing in different counties in which venue is based on residence and an appropriate and timely motion to transfer is made by a defendant not …

(735 ILCS 5/2-106) (from Ch. 110, par. 2-106) Sec. 2-106. Transfer. (a) Transfer for wrong venue. If a motion to transfer is allowed on the ground that the action was commenced in a wrong venue, the cause shall be transferred to the court in a proper venue, subject to any equitab…

(735 ILCS 5/2-107) (from Ch. 110, par. 2-107) Sec. 2-107. Costs and expenses of transfer. The costs attending a transfer shall be taxed by the clerk of the court from which the transfer is granted, and, together with the filing fee in the transferee court, shall be paid by plaint…

(735 ILCS 5/2-108) (from Ch. 110, par. 2-108) Sec. 2-108. Place of trial. All actions shall be tried in the county in which they are commenced, except as otherwise provided by law. (Source: P.A. 82-280.)

(735 ILCS 5/2-109) (from Ch. 110, par. 2-109) Sec. 2-109. Malicious prosecution - medical malpractice. In all cases alleging malicious prosecution arising out of proceedings which sought damages for injuries or death by reason of medical, hospital, or other healing art malpractic…

(735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101) Sec. 2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall …

(735 ILCS 5/2-1102) (from Ch. 110, par. 2-1102) Sec. 2-1102. Examination of adverse party or agent. Upon the trial of any case any party thereto or any person for whose immediate benefit the action is prosecuted or defended, or the officers, directors, managing agents or foreman …

(735 ILCS 5/2-1103) (from Ch. 110, par. 2-1103) Sec. 2-1103. Affidavits. (a) All affidavits presented to the court shall be filed with the clerk. (b) If evidence is necessary concerning any fact which according to law and the practice of the court may now be supplied by affidavit…

(735 ILCS 5/2-1104) (from Ch. 110, par. 2-1104) Sec. 2-1104. Party need not submit to lie detector. In the course of any civil trial or pre-trial proceeding the court shall not require that the plaintiff or defendant submit to a polygraphic detection deception test, commonly know…

(735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105) (Text of Section WITH the changes made by P.A. 98-1132, which has been held unconstitutional) Sec. 2-1105. Jury demand. (a) A plaintiff desirous of a trial by jury must file a demand therefor with the clerk at the time the action is…

(735 ILCS 5/2-1105.1) (from Ch. 110, par. 2-1105.1) Sec. 2-1105.1. Challenge for cause. Each party may challenge jurors for cause. If a prospective juror has a physical impairment, the court shall consider such prospective juror's ability to perceive and appreciate the evidence w…

(735 ILCS 5/2-1106) (from Ch. 110, par. 2-1106) Sec. 2-1106. Peremptory challenges - Alternate jurors. (a) Each side shall be entitled to 5 peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to e…

(735 ILCS 5/2-1107) (from Ch. 110, par. 2-1107) Sec. 2-1107. Instructing the jury - Taking instructions and papers to the jury room. (a) The court shall give instructions to the jury only in writing, unless the parties agree otherwise, and only as to the law of the case. An origi…

(735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1) (Text of Section WITH the changes made by P.A. 89-7, which has been held unconstitutional) Sec. 2-1107.1. Jury instruction in tort actions. In all actions on account of bodily injury or death or physical damage to property based…

(735 ILCS 5/2-1108) (from Ch. 110, par. 2-1108) Sec. 2-1108. Verdict - Special interrogatories. Unless the nature of the case requires otherwise, the jury shall render a general verdict. Within the discretion of the court, the jury may be asked to find specially upon any material…

(735 ILCS 5/2-1109) (from Ch. 110, par. 2-1109) (Text of Section WITH the changes made by P.A. 89-7, which has been held unconstitutional) Sec. 2-1109. Itemized verdicts. In every case where damages for bodily injury or death are assessed by the jury the verdict shall be itemized…

(735 ILCS 5/2-1110) (from Ch. 110, par. 2-1110) Sec. 2-1110. Motion in non-jury case to find for defendant at close of plaintiff's evidence. In all cases tried without a jury, defendant may, at the close of plaintiff's case, move for a finding or judgment in his or her favor. In …

(735 ILCS 5/2-1111) (from Ch. 110, par. 2-1111) Sec. 2-1111. Juries in cases seeking equitable relief. The court may in its discretion direct an issue or issues to be tried by a jury, whenever it is judged necessary in any action seeking equitable relief. (Source: P.A. 82-280.)

(735 ILCS 5/2-1112) (from Ch. 110, par. 2-1112) Sec. 2-1112. Oral testimony in actions seeking equitable relief. On the trial of every action seeking equitable relief, oral testimony shall be taken when desired by either party. (Source: P.A. 82-280.)

(735 ILCS 5/2-1113) (from Ch. 110, par. 2-1113) Sec. 2-1113. Medical malpractice - res ipsa loquitur. In all cases of alleged medical or dental malpractice, where the plaintiff relies upon the doctrine of res ipsa loquitur, the court shall determine whether that doctrine applies.…

(735 ILCS 5/2-1114) (from Ch. 110, par. 2-1114) Sec. 2-1114. Contingent fees for attorneys in medical malpractice actions. (a) In all medical malpractice actions the total contingent fee for plaintiff's attorney or attorneys shall not exceed 33 1/3% of all sums recovered. (b) For…

(735 ILCS 5/2-1115) (from Ch. 110, par. 2-1115) Sec. 2-1115. Punitive damages not recoverable in healing art and legal malpractice cases. In all cases, whether in tort, contract or otherwise, in which the plaintiff seeks damages by reason of legal, medical, hospital, or other hea…

(735 ILCS 5/2-1115.05) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-1115.05. Limitations on recovery of punitive damages in cases other than healing art or legal malpractice cases. (a) In all cases on account of bodily injury, or physical dam…

(735 ILCS 5/2-1115.1) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-1115.1. Limitations on recovery of non-economic damages. (a) In all common law, statutory or other actions that seek damages on account of death, bodily injury, or physical da…

(735 ILCS 5/2-1115.2) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-1115.2. Economic and non-economic loss. In all actions on account of bodily injury, death, physical damage to property based on negligence, or a product liability action as de…

(735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116) Sec. 2-1116. Limitation on recovery in tort actions. In all actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, the plaintiff shall b…

(735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117) Sec. 2-1117. Joint liability. Except as provided in Section 2-1118, in actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, all defend…

(735 ILCS 5/2-1118) (This Section was repealed by P.A. 89-7, which has been held unconstitutional) Sec. 2-1118. Exceptions. Notwithstanding the provisions of Section 2-1117, in any action in which the trier of fact determines that the injury or damage for which recovery is sought…

(735 ILCS 5/2-1119) Sec. 2-1119. Tampering with anhydrous ammonia equipment, containers, or storage facilities. (a) A person tampering with anhydrous ammonia equipment, containers, or storage facilities does not have a cause of action against the owner of the equipment, container…

(735 ILCS 5/2-1201) (from Ch. 110, par. 2-1201) Sec. 2-1201. Return of verdict - Separate counts - Defective or unproved counts. (a) It is sufficient for the jury to pronounce its verdict by its foreman in open court, without reducing it to writing, if it is a general verdict. Th…

(735 ILCS 5/2-1202) (from Ch. 110, par. 2-1202) Sec. 2-1202. Reserved ruling on motion for directed verdict - Post-trial motions in jury cases. (a) If at the close of the evidence, and before the case is submitted to the jury, any party moves for a directed verdict the court may …

(735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203) Sec. 2-1203. Motions after judgment in non-jury cases. (a) In all cases tried without a jury, any party may, within 30 days after the entry of the judgment or within any further time the court may allow within the 30 days or any ext…

(735 ILCS 5/2-1204) (from Ch. 110, par. 2-1204) Sec. 2-1204. Arrest of judgment. If judgment is arrested pursuant to post-trial motion for any defect in the record, the plaintiff need not commence his or her action anew. If appropriate, the court shall order new pleadings. (Sourc…

(735 ILCS 5/2-1205) (from Ch. 110, par. 2-1205) Sec. 2-1205. Reduction in amount of recovery. An amount equal to the sum of (i) 50% of the benefits provided for lost wages or private or governmental disability income programs, which have been paid, or which have become payable to…

(735 ILCS 5/2-1205.1) (from Ch. 110, par. 2-1205.1) (Text of Section WITH the changes made by P.A. 89-7, which has been held unconstitutional) Sec. 2-1205.1. Reduction in amount of recovery. In all cases on account of bodily injury or death or physical damage to property, based o…

(735 ILCS 5/2-1206) (from Ch. 110, par. 2-1206) Sec. 2-1206. Assessment of damages. (a) Upon default, when the damages are to be assessed, the court may hear the evidence and assess the damages without a jury for that purpose. If interlocutory judgment is entered in an action bro…

(735 ILCS 5/2-1207) (from Ch. 110, par. 2-1207) Sec. 2-1207. Punitive damages. The trial court may, in its discretion, with respect to punitive damages, determine whether a jury award for punitive damages is excessive, and if so, enter a remittitur and a conditional new trial. Th…

(735 ILCS 5/2-1301) (from Ch. 110, par. 2-1301) Sec. 2-1301. Judgments - Default - Confession. (a) The court shall determine the rights of the parties and grant to any party any affirmative relief to which the party may be entitled on the pleadings and proofs. Judgments shall be …

(735 ILCS 5/2-1302) (from Ch. 110, par. 2-1302) Sec. 2-1302. Notice of entry of default order. (a) Upon the entry of an order of default, the attorney for the moving party shall immediately give notice thereof to each party who has appeared, against whom the order was entered, or…

(735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303) Sec. 2-1303. Interest on judgment. (a) Except as provided in subsection (b), judgments recovered in any court shall draw interest at the rate of 9% per annum from the date of the judgment until satisfied or 6% per annum when the jud…

(735 ILCS 5/2-1304) (from Ch. 110, par. 2-1304) Sec. 2-1304. Orders for liens and conveyances. (a) Whenever, by any order, any party to an action is required to perform any act other than the payment of money, or to refrain from performing any act, the court may, in such order, p…

(735 ILCS 5/2-1305) (from Ch. 110, par. 2-1305) Sec. 2-1305. Motion to stay. A party intending to move to set aside any judgment, bond or other proceeding may apply to the court or to the judge in chamber for a certificate (which the judge may, in his or her discretion, grant) th…

(735 ILCS 5/2-1306) Sec. 2-1306. Supersedeas bonds. (a) In civil litigation under any legal theory involving a signatory, a successor to a signatory, or a parent or an affiliate of a signatory to the Master Settlement Agreement described in Section 6z-43 of the State Finance Act,…