Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/2-616) (from Ch. 110, par. 2-616) Sec. 2-616. Amendments. (a) At any time before final judgment amendments may be allowed on just and reasonable terms, introducing any party who ought to have been joined as plaintiff or defendant, dismissing any party, changing the ca…

(735 ILCS 5/2-617) (from Ch. 110, par. 2-617) Sec. 2-617. Seeking wrong remedy not fatal. Where relief is sought and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts whi…

(735 ILCS 5/2-618) (from Ch. 110, par. 2-618) Sec. 2-618. Lost pleadings. If any pleading or paper filed in a cause has been lost or mislaid, the court may permit the filing of a copy authenticated by such affidavits as the court may require. (Source: P.A. 82-280.)

(735 ILCS 5/2-619) (from Ch. 110, par. 2-619) Sec. 2-619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds. If…

(735 ILCS 5/2-619.1) (from Ch. 110, par. 2-619.1) Sec. 2-619.1. Combined motions. Motions with respect to pleadings under Section 2-615, motions for involuntary dismissal or other relief under Section 2-619, and motions for summary judgment under Section 2-1005 may be filed toget…

(735 ILCS 5/2-620) (from Ch. 110, par. 2-620) Sec. 2-620. Practice on motions. The form and contents of motions, notices regarding the same, hearings on motions, and all other matters of procedure relative thereto, shall be according to rules. (Source: P.A. 82-280.)

(735 ILCS 5/2-621) (from Ch. 110, par. 2-621) (Text of Section WITH the changes made by P.A. 89-7, which has been held unconstitutional) Sec. 2-621. Product liability actions. (a) In any product liability action based on any theory or doctrine commenced or maintained against a de…

(735 ILCS 5/2-622) (from Ch. 110, par. 2-622) Sec. 2-622. Healing art malpractice. (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, the plaintiff…

(735 ILCS 5/2-623) (This Section was added by P.A. 89-7, which has been held unconstitutional) Sec. 2-623. Certificate of merit; product liability. (a) In a product liability action, as defined in Section 2-2101, in which the plaintiff seeks damages for harm, the plaintiff's atto…

(735 ILCS 5/2-624) Sec. 2-624. (Repealed). (Source: P.A. 89-7, eff. 3-9-95. Repealed by P.A. 97-1145, eff. 1-18-13.)

(735 ILCS 5/2-701) (from Ch. 110, par. 2-701) Sec. 2-701. Declaratory judgments. (a) No action or proceeding is open to objection on the ground that a merely declaratory judgment or order is sought thereby. The court may, in cases of actual controversy, make binding declarations …

(735 ILCS 5/2-702) Sec. 2-702. Petition for a certificate of innocence that the petitioner was innocent of all offenses for which he or she was incarcerated. (a) The General Assembly finds and declares that innocent persons who have been wrongly convicted of crimes in Illinois an…

(735 ILCS 5/2-801) (from Ch. 110, par. 2-801) Sec. 2-801. Prerequisites for the maintenance of a class action. An action may be maintained as a class action in any court of this State and a party may sue or be sued as a representative party of the class only if the court finds: (…

(735 ILCS 5/2-802) (from Ch. 110, par. 2-802) Sec. 2-802. Order and findings relative to the class. (a) Determination of Class. As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it may be so maintained…

(735 ILCS 5/2-803) (from Ch. 110, par. 2-803) Sec. 2-803. Notice in class cases. Upon a determination that an action may be maintained as a class action, or at any time during the conduct of the action, the court in its discretion may order such notice that it deems necessary to …

(735 ILCS 5/2-804) (from Ch. 110, par. 2-804) Sec. 2-804. Intervention by and exclusion of class members. (a) Intervention. Any class member seeking to intervene or otherwise appear in the action may do so with leave of court and such leave shall be liberally granted except when …

(735 ILCS 5/2-805) (from Ch. 110, par. 2-805) Sec. 2-805. Judgments in class cases. Any judgment entered in a class action brought under Section 2-801 of this Act shall be binding on all class members, as the class is defined by the court, except those who have been properly excl…

(735 ILCS 5/2-806) (from Ch. 110, par. 2-806) Sec. 2-806. Dismissal or compromise of class cases. Any action brought as a class action under Section 2-801 of this Act shall not be compromised or dismissed except with the approval of the court and, unless excused for good cause sh…

(735 ILCS 5/2-807) Sec. 2-807. Residual funds in a common fund created in a class action. (a) Definitions. As used in this Section: "Eligible organization" means a not-for-profit organization that: (i) has been in existence for no less than 3 years; (ii) has been tax exempt for n…

(735 ILCS 5/2-901) (from Ch. 110, par. 2-901) Sec. 2-901. Actions on penal bonds. In an action on a penal bond the plaintiff may allege as many breaches as the plaintiff may think fit. Damages shall be assessed for the breaches which are proved. The judgment for the penalty stand…

(735 ILCS 5/20-101) (from Ch. 110, par. 20-101) Sec. 20-101. As used in this Article: (1) "Compensation, benefits or remuneration" includes regular compensation, overtime compensation, vacation compensation, deferred compensation, sick pay, disability pay, sick leave, disability …

(735 ILCS 5/20-102) (from Ch. 110, par. 20-102) Sec. 20-102. Any person who has received from the State or from any local governmental unit compensation, benefits or remuneration by means of a false or fraudulent record, statement, or claim or other willful misrepresentation, or …

(735 ILCS 5/20-103) (from Ch. 110, par. 20-103) Sec. 20-103. Any person who by means of a false record, statement or representation, or by willful concealment of any material fact, or by other fraudulent scheme or device on behalf of himself, his dependents or others, knowingly o…

(735 ILCS 5/20-104) (from Ch. 110, par. 20-104) Sec. 20-104. (a) Before any action is instituted pursuant to this Act, the State or local governmental unit shall make a good faith attempt to collect amounts owed to it by using informal procedures and methods. Civil recoveries pro…

(735 ILCS 5/20-105) (from Ch. 110, par. 20-105) Sec. 20-105. Certain rights not affected. No judgment entered pursuant to this Article shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lien holder arising prior to the date on which a transc…

(735 ILCS 5/21-101) (from Ch. 110, par. 21-101) (Text of Section from P.A. 103-605) Sec. 21-101. Proceedings; parties. (a) If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by whic…

(735 ILCS 5/21-102) (from Ch. 110, par. 21-102) Sec. 21-102. Petition; update criminal history transcript. (a) The petition shall be a statewide standardized form approved by the Illinois Supreme Court and shall set forth the name then held, the name sought to be assumed, the res…

(735 ILCS 5/21-102.5) Sec. 21-102.5. Notice; objection. (a) The circuit court clerk shall promptly serve a copy of the petition on the State's Attorney and the Illinois State Police if the statement provided under subsection (a) of Section 21-102 indicates that the petitioner, or…

(735 ILCS 5/21-103) Sec. 21-103. (Repealed). (Source: P.A. 103-605, eff. 7-1-24. Repealed by P.A. 103-1063, eff. 3-1-25.)

(735 ILCS 5/21-103.5) Sec. 21-103.5. Change of name involving a minor. In any application for a change of name involving a minor, before a judgment under this Article may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights h…

(735 ILCS 5/21-103.8) Sec. 21-103.8. Impounding court file. (a) A petitioner may file a motion to have the petitioner's court file impounded. The motion shall include a statement, verified under oath as provided under Section 1-109 of this Code, that the person believes that publ…

(735 ILCS 5/21-104) (from Ch. 110, par. 21-104) Sec. 21-104. Process and notice to persons outside this State. (a) Process in change of name proceedings shall be governed by this Code. (b) Notice in all change of name proceedings required for the exercise of jurisdiction over a p…

(735 ILCS 5/21-105) Sec. 21-105. Invalidity of common law name changes. Common law name changes adopted in this State on or after July 1, 2010 are invalid. All name changes shall be made pursuant to marriage or other legal proceedings. (Source: P.A. 96-1231, eff. 7-23-10.)

(735 ILCS 5/21-106) Sec. 21-106. Judicial order; findings of fact. (a) Legislative intent. Residents of this State who were born in another state or in another country may have difficulty in securing a birth certificate with the correct information. It is the intent of the Genera…

(735 ILCS 5/22-105) Sec. 22-105. Frivolous lawsuits filed by prisoners. (a) If a prisoner confined in an Illinois Department of Corrections facility files a pleading, motion, or other filing which purports to be a legal document in a case seeking post-conviction relief under Arti…

(735 ILCS 5/23-101) Sec. 23-101. Sexual abuse per se harmful. For an action arising out of an injury caused by sexual conduct or sexual penetration as defined in Section 11-0.1 of the Criminal Code of 2012, if the plaintiff proves by a preponderance of the evidence that the defen…

(735 ILCS 5/3-101) (from Ch. 110, par. 3-101) Sec. 3-101. Definitions. For the purpose of this Act: "Administrative agency" means a person, body of persons, group, officer, board, bureau, commission or department (other than a court or judge) of the State, or of any political sub…

(735 ILCS 5/3-102) (from Ch. 110, par. 3-102) Sec. 3-102. Scope of Article. This Article III shall apply to and govern every action to review judicially a final decision of any administrative agency where the Act creating or conferring power on such agency, by express reference, …

(735 ILCS 5/3-103) (from Ch. 110, par. 3-103) Sec. 3-103. Commencement of action. Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to …

(735 ILCS 5/3-104) (from Ch. 110, par. 3-104) Sec. 3-104. Jurisdiction and venue. Jurisdiction to review final administrative decisions is vested in the Circuit Courts, except as to a final order of the Illinois Educational Labor Relations Board in which case jurisdiction to revi…

(735 ILCS 5/3-105) (from Ch. 110, par. 3-105) Sec. 3-105. Service of summons. Summons issued in any action to review the final administrative decision of any administrative agency shall be served by registered or certified mail on the administrative agency and on each of the othe…

(735 ILCS 5/3-106) (from Ch. 110, par. 3-106) Sec. 3-106. Appearance of defendants. In any action to review any final decision of any administrative agency, the agency shall appear by filing an answer consisting of a record of the proceedings had before it, or a written motion in…

(735 ILCS 5/3-107) (from Ch. 110, par. 3-107) Sec. 3-107. Defendants. (a) Except as provided in subsection (b), (b-1), or (c), in any action to review any final decision of an administrative agency, the administrative agency and all persons, other than the plaintiff, who were par…

(735 ILCS 5/3-108) (from Ch. 110, par. 3-108) Sec. 3-108. Pleadings and record on review. (a) Complaint. The complaint shall contain a statement of the decision or part of the decision sought to be reviewed. It shall specify whether the transcript of evidence, if any, or what por…

(735 ILCS 5/3-109) (from Ch. 110, par. 3-109) Sec. 3-109. Costs of preparing and certifying record of proceedings before agency. If the statute under authority of which the administrative decision was entered provides or requires that the plaintiff in the review proceeding shall …

(735 ILCS 5/3-110) (from Ch. 110, par. 3-110) Sec. 3-110. Scope of review. Every action to review any final administrative decision shall be heard and determined by the court with all convenient speed. The hearing and determination shall extend to all questions of law and fact pr…

(735 ILCS 5/3-111) (from Ch. 110, par. 3-111) Sec. 3-111. Powers of circuit court. (a) The Circuit Court has power: (1) with or without requiring bond (except if otherwise provided in the particular statute under authority of which the administrative decision was entered), and be…

(735 ILCS 5/3-112) (from Ch. 110, par. 3-112) Sec. 3-112. Appeals. A final decision, order, or judgment of the Circuit Court, entered in an action to review a decision of an administrative agency, is reviewable by appeal as in other civil cases. (Source: P.A. 88-1.)

(735 ILCS 5/3-113) Sec. 3-113. Direct review of administrative orders by the appellate court. (a) Unless another time is provided specifically by the law authorizing the review, an action for direct review of a final administrative decision of an administrative agency by the appe…

(735 ILCS 5/4-101) (from Ch. 110, par. 4-101) Sec. 4-101. Cause. In any court having competent jurisdiction, a creditor having a money claim, whether liquidated or unliquidated, and whether sounding in contract or tort, or based upon a statutory cause of action created by law in …