Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/2-2102) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2102. Effect on other laws. Except as may be provided by other laws, any civil action that conforms to the definition of a product liability action as defined in Section 2-2101 …

(735 ILCS 5/2-2103) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2103. Federal and State standards; presumption. In a product liability action, a product or product component shall be presumed to be reasonably safe if the aspect of the produc…

(735 ILCS 5/2-2104) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2104. No practical and feasible alternative design; presumption. If the design of a product or product component is in issue in a product liability action, the design shall be p…

(735 ILCS 5/2-2105) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2105. Changes in design or warning; inadmissibility. When measures are taken which, if taken previously, would have made an event less likely to occur, evidence of the subsequen…

(735 ILCS 5/2-2106) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2106. Provision of written warnings to users of product; nonliability. (a) The warning, instructing, or labeling of a product or specific product component shall be deemed to be…

(735 ILCS 5/2-2106.5) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2106.5. Inherent characteristics of products; nonliability. In a product liability action, a manufacturer or product seller shall not be liable for harm allegedly caused by a …

(735 ILCS 5/2-2107) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2107. Punitive damages. In a product liability action, punitive damages shall not be awarded against a manufacturer or product seller if the conduct of the defendant manufacture…

(735 ILCS 5/2-2108) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2108. No cause of action created. Nothing in this Part shall be construed to create a cause of action. (Source: P.A. 89-7, eff. 3-9-95.)

(735 ILCS 5/2-2109) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-2109. This amendatory Act of 1995 adding Part 21 to the Code of Civil Procedure applies to causes of action accruing on or after its effective date. (Source: P.A. 89-7, eff. 3-9…

(735 ILCS 5/2-211) (from Ch. 110, par. 2-211) Sec. 2-211. Service on public, municipal, governmental and quasi-municipal corporations. In actions against public, municipal, governmental or quasi-municipal corporations, summons may be served by leaving a copy with the chairperson …

(735 ILCS 5/2-212) (from Ch. 110, par. 2-212) Sec. 2-212. Service on trustee of corporation or receiver. Any trustee of a corporation or its property or any receiver may be served with summons (1) in any manner provided for service on individuals or corporations, as is appropriat…

(735 ILCS 5/2-213) (from Ch. 110, par. 2-213) Sec. 2-213. Waiver of service. (a) Notice and request for waiver. A plaintiff may notify a defendant of the commencement of an action and request that the defendant waive service of a summons. The notice and request shall be in writin…

(735 ILCS 5/2-2201) Sec. 2-2201. Ordinary care; civil liability. (a) An insurance producer, registered firm, and limited insurance representative shall exercise ordinary care and skill in renewing, procuring, binding, or placing the coverage requested by the insured or proposed i…

(735 ILCS 5/2-2301) Sec. 2-2301. Settlement of claims; payment. (a) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages, a release must be tendered to the plaintiff by the settling defendant within 14 days of written confirmat…

(735 ILCS 5/2-301) (from Ch. 110, par. 2-301) Sec. 2-301. Objections to jurisdiction over the person. (a) Prior to the filing of any other pleading or motion other than as set forth in subsection (a-6), a party may object to the court's jurisdiction over the party's person, eithe…

(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 an…

(735 ILCS 5/2-402) (from Ch. 110, par. 2-402) Sec. 2-402. Respondents in discovery. The plaintiff 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 t…

(735 ILCS 5/2-403) (from Ch. 110, par. 2-403) Sec. 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 sh…

(735 ILCS 5/2-404) (from Ch. 110, par. 2-404) Sec. 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, seve…

(735 ILCS 5/2-405) (from Ch. 110, par. 2-405) Sec. 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 …

(735 ILCS 5/2-406) (from Ch. 110, par. 2-406) Sec. 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,…

(735 ILCS 5/2-407) (from Ch. 110, par. 2-407) Sec. 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 …

(735 ILCS 5/2-408) (from Ch. 110, par. 2-408) Sec. 2-408. Intervention. (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 i…

(735 ILCS 5/2-409) (from Ch. 110, par. 2-409) Sec. 2-409. Interpleader. 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 multipl…

(735 ILCS 5/2-410) (from Ch. 110, par. 2-410) Sec. 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 fewe…

(735 ILCS 5/2-411) (from Ch. 110, par. 2-411) Sec. 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 both. (b) An unsatisfied judgment against a pa…

(735 ILCS 5/2-412) (from Ch. 110, par. 2-412) Sec. 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 recogni…

(735 ILCS 5/2-413) (from Ch. 110, par. 2-413) Sec. 2-413. Unknown parties. 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 legat…

(735 ILCS 5/2-414) (from Ch. 110, par. 2-414) Sec. 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 tw…

(735 ILCS 5/2-415) (from Ch. 110, par. 2-415) Sec. 2-415. Appointment of and actions against receivers. (a) Before 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 …

(735 ILCS 5/2-416) (from Ch. 110, par. 2-416) Sec. 2-416. Representation of corporations in small claims. A 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 mana…

(735 ILCS 5/2-417) (from Ch. 110, par. 2-417) Sec. 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…

(735 ILCS 5/2-501) (from Ch. 110, par. 2-501) Sec. 2-501. Guardian for persons not in being. In any action, whether a trust is involved or not, any person or persons not in being are or may become entitled to, or may upon coming into being claim to be entitled to, any future inte…

(735 ILCS 5/2-502) (from Ch. 110, par. 2-502) Sec. 2-502. Guardians for minors. Guardianships for minors shall be governed by Section 11-13 of the "Probate Act of 1975", as amended. (Source: P.A. 82-280.)

(735 ILCS 5/2-601) (from Ch. 110, par. 2-601) Sec. 2-601. Substance of pleadings. In all actions, pleadings shall be as specified in Article II of this Act and the rules. This section does not affect in any way the substantial allegations of fact necessary to state any cause of a…

(735 ILCS 5/2-602) (from Ch. 110, par. 2-602) Sec. 2-602. Designation and order of pleadings. The first pleading by the plaintiff shall be designated a complaint. The first pleading by the defendant shall be designated an answer. If new matter by way of defense is pleaded in the …

(735 ILCS 5/2-603) (from Ch. 110, par. 2-603) Sec. 2-603. Form of pleadings. (a) All pleadings shall contain a plain and concise statement of the pleader's cause of action, counterclaim, defense, or reply. (b) Each separate cause of action upon which a separate recovery might be …

(735 ILCS 5/2-604) (from Ch. 110, par. 2-604) Sec. 2-604. (Repealed). (Source: P.A. 93-387, eff. 7-25-03. Repealed by P.A. 101-403, eff. 1-1-20.)

(735 ILCS 5/2-604.1) (from Ch. 110, par. 2-604.1) (Text of Section WITH the changes made by P.A. 89-7, which has been held unconstitutional) Sec. 2-604.1. Pleading of punitive damages. In all actions on account of bodily injury or physical damage to property, based on negligence,…

(735 ILCS 5/2-604.2) Sec. 2-604.2. Requesting remedies from the court. (a) Except in personal injury actions, every count in every complaint and counterclaim must request specific remedies the party believes it should receive from the court. In a personal injury action, a party m…

(735 ILCS 5/2-605) (from Ch. 110, par. 2-605) Sec. 2-605. Verification of pleadings. (a) Any pleading, although not required to be sworn to, may be verified by the oath of the party filing it or of any other person or persons having knowledge of the facts pleaded. Corporations ma…

(735 ILCS 5/2-606) (from Ch. 110, par. 2-606) Sec. 2-606. Exhibits. If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches…

(735 ILCS 5/2-607) (from Ch. 110, par. 2-607) Sec. 2-607. Bills of particulars. (a) Within the time a party is to respond to a pleading, that party may, if allegations are so wanting in details that the responding party should be entitled to a bill of particulars, file and serve …

(735 ILCS 5/2-608) (from Ch. 110, par. 2-608) Sec. 2-608. Counterclaims. (a) Any claim by one or more defendants against one or more plaintiffs, or against one or more codefendants, whether in the nature of setoff, recoupment, cross claim or otherwise, and whether in tort or cont…

(735 ILCS 5/2-609) (from Ch. 110, par. 2-609) Sec. 2-609. Supplemental pleadings. Supplemental pleadings, setting up matters which arise after the original pleadings are filed, may be filed within a reasonable time by either party by leave of court and upon terms. (Source: P.A. 8…

(735 ILCS 5/2-610) (from Ch. 110, par. 2-610) Sec. 2-610. Pleadings to be specific. (a) Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates. (b) Every allegation, except allegations of damages, …

(735 ILCS 5/2-612) (from Ch. 110, par. 2-612) Sec. 2-612. Insufficient pleadings. (a) If any pleading is insufficient in substance or form the court may order a fuller or more particular statement. If the pleadings do not sufficiently define the issues the court may order other p…

(735 ILCS 5/2-613) (from Ch. 110, par. 2-613) Sec. 2-613. Separate counts and defenses. (a) Parties may plead as many causes of action, counterclaims, defenses, and matters in reply as they may have, and each shall be separately designated and numbered. (b) When a party is in dou…

(735 ILCS 5/2-614) (from Ch. 110, par. 2-614) Sec. 2-614. Joinder of causes of action and use of counterclaims. (a) Any plaintiff or plaintiffs may join any causes of action, against any defendant or defendants; and the defendant may set up in his or her answer any and all cross …

(735 ILCS 5/2-615) (from Ch. 110, par. 2-615) Sec. 2-615. Motions with respect to pleadings. (a) All objections to pleadings shall be raised by motion. The motion shall point out specifically the defects complained of, and shall ask for appropriate relief, such as: that a pleadin…