Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/5-126.5) Sec. 5-126.5. Expenses. The plaintiff shall be allowed to recover as costs those expenses required by law or a law enforcement or court officer for the purposes of enforcing a judgment including levy bonds, replevin bonds, certification of court orders, recor…

(735 ILCS 5/5-127) Sec. 5-127. Charges relating to electronic filing. All charges relating to the electronic filing of cases and pleadings, imposed by the court, clerk of the court, county, or a person with whom the court, clerk, or county may contract, are taxable as court costs…

(735 ILCS 5/6-101) (from Ch. 110, par. 6-101) Sec. 6-101. Bringing action. An action of ejectment may be brought in the cases and manner heretofore accustomed, subject to the provisions contained in Article VI of this Act. (Source: P.A. 82-280.)

(735 ILCS 5/6-102) (from Ch. 110, par. 6-102) Sec. 6-102. Interest in land. It may also be brought to recover lands, tenements or hereditaments, and by any person claiming an estate therein, in fee for life or for years, whether as heir, legatee or purchaser. (Source: P.A. 82-280…

(735 ILCS 5/6-103) (from Ch. 110, par. 6-103) Sec. 6-103. Lessee of United States or of this State. In all cases in which any person has heretofore entered upon and occupied or shall hereafter enter upon and occupy, any lands, tenements or hereditaments within this state, by virt…

(735 ILCS 5/6-104) (from Ch. 110, par. 6-104) Sec. 6-104. Interest of plaintiff. No person shall recover in ejectment unless he or she has, at the time of commencing the action, a valid subsisting interest in the premises claimed, and a right to recover the same, or to recover th…

(735 ILCS 5/6-105) (from Ch. 110, par. 6-105) Sec. 6-105. Joinder of plaintiffs. Any two or more persons claiming the same premises as joint tenants or tenants in common, may join in an action for the recovery thereof, or any one may sue alone for his or her share. (Source: P.A. …

(735 ILCS 5/6-106) (from Ch. 110, par. 6-106) Sec. 6-106. Joinder of defendants. If the premises for which the action is brought are actually occupied by any person, such actual occupant shall be named defendant in the action; and all other persons claiming title or interest to o…

(735 ILCS 5/6-107) (from Ch. 110, par. 6-107) Sec. 6-107. Vacant land. If the premises are not occupied, the action shall be brought against some person exercising ownership on the premises claimed, or claiming title thereto, or some interest therein, at the commencement of the a…

(735 ILCS 5/6-108) (from Ch. 110, par. 6-108) Sec. 6-108. Pleading as in other civil cases. The time of filing complaints in actions of ejectment shall be the same as in other civil cases; and the rules of pleading and practice in other civil cases shall apply to actions of eject…

(735 ILCS 5/6-109) (from Ch. 110, par. 6-109) Sec. 6-109. Allegations in complaint. It shall be sufficient for the plaintiff to allege in the complaint that (on some day therein to be specified, and which shall be after his or her title accrued), he or she was possessed of the pr…

(735 ILCS 5/6-110) (from Ch. 110, par. 6-110) Sec. 6-110. Description of premises. The premises so claimed shall be described in such complaint with convenient certainty, so that, from such description, possession of the premises claimed may be delivered. If the plaintiff claims …

(735 ILCS 5/6-111) (from Ch. 110, par. 6-111) Sec. 6-111. Interest claimed. The plaintiff shall state whether he or she claims in fee, or whether he or she claims for his or her own life, or the life of another, or for a term of years, specifying such life or the duration of such…

(735 ILCS 5/6-112) (from Ch. 110, par. 6-112) Sec. 6-112. Limited to matters which are germane. The complaint may contain several counts, and several parties may be named as plaintiffs, jointly in one count and separately in others. Except as provided in this Article, no matters …

(735 ILCS 5/6-113) (from Ch. 110, par. 6-113) Sec. 6-113. Summons as in other civil cases. Summons shall be issued, tested, served and returned as summons in other civil cases. (Source: P.A. 82-280.)

(735 ILCS 5/6-114) (from Ch. 110, par. 6-114) Sec. 6-114. Notice to landlord. Every tenant who is sued in ejectment by any person other than his or her landlord, shall forthwith give notice thereof to his or her landlord, or to his or her agent or attorney, under the penalty of f…

(735 ILCS 5/6-115) (from Ch. 110, par. 6-115) Sec. 6-115. Landlord as defendant. The landlord, whose tenant is sued in ejectment, may, upon his or her own motion or that of the plaintiff, be made defendant in such action, upon such terms as may be ordered by the court. (Source: P…

(735 ILCS 5/6-116) (from Ch. 110, par. 6-116) Sec. 6-116. Pleading by defendant. The defendant may file any appropriate motion as in ordinary civil cases, and may answer as hereinafter provided by way of general denial, or specific denial or affirmative defense, and such motion o…

(735 ILCS 5/6-117) (from Ch. 110, par. 6-117) Sec. 6-117. General denial. Under a general denial which alleges generally that the defendant is not guilty of unlawfully withholding the premises claimed by the plaintiff, the defendant may offer in evidence any matter that may tend …

(735 ILCS 5/6-118) (from Ch. 110, par. 6-118) Sec. 6-118. Plaintiff's proof. It is not necessary for the plaintiff to prove that the defendant was in possession of the premises, or claims title or interest therein at the time of bringing the action, or that the plaintiff demanded…

(735 ILCS 5/6-119) (from Ch. 110, par. 6-119) Sec. 6-119. Plaintiff's proof - Continued. It is not necessary for the plaintiff to prove an actual entry under title, nor the actual receipt of any of the profits of the premises demanded; but it shall be sufficient for the plaintiff…

(735 ILCS 5/6-120) (from Ch. 110, par. 6-120) Sec. 6-120. Evidence. It is not necessary on the trial for the defendant to admit, nor for the plaintiff to prove lease, entry and ouster, or either of them, except in actions by one or more tenants in common, or joint tenants against…

(735 ILCS 5/6-121) (from Ch. 110, par. 6-121) Sec. 6-121. Claim of title through common source. If the plaintiff, or his or her agent or attorney, states under oath that he or she claims title through a common source with the defendant, it is sufficient for the plaintiff to show …

(735 ILCS 5/6-122) (from Ch. 110, par. 6-122) Sec. 6-122. Action against co-tenants. If the action is brought by one or more tenants in common, or joint tenants against their co-tenants, the plaintiff, in addition to all other evidence which he or she may be bound to introduce, s…

(735 ILCS 5/6-123) (from Ch. 110, par. 6-123) Sec. 6-123. Proof of interest. It is not an objection to a recovery in an action of ejectment that any one of several plaintiffs do not prove any interest in the premises claimed, but those entitled shall have judgment, according to t…

(735 ILCS 5/6-124) (from Ch. 110, par. 6-124) Sec. 6-124. Action against several. If the action is against several, and the plaintiff is entitled to recover, he or she shall recover against all who are in joint possession or claim the title, whether they have pleaded separately o…

(735 ILCS 5/6-125) (from Ch. 110, par. 6-125) Sec. 6-125. Proof of occupancy. When the action is against several defendants, if it is proved on the trial that any of them occupy distinct parcels in severalty or jointly, the plaintiff shall elect, at the trial, against which he or…

(735 ILCS 5/6-126) (from Ch. 110, par. 6-126) Sec. 6-126. Specificity of verdict. In the following cases, if tried by a jury, the verdict shall be rendered as follows: 1. If it is proved on the trial that all the plaintiffs have a right to recover the possession of the premises, …

(735 ILCS 5/6-127) (from Ch. 110, par. 6-127) Sec. 6-127. Expiration of plaintiff's right or termination of plaintiff's title before trial. If the right of a plaintiff in ejectment expires or the plaintiff's title terminates after the commencement of the action, but before trial,…

(735 ILCS 5/6-128) (from Ch. 110, par. 6-128) Sec. 6-128. Suggestion of death. If there are several plaintiffs in an action of ejectment, and any of them die before final judgment, the death of such party may be suggested of record, and the executor, administrator, heir or legate…

(735 ILCS 5/6-129) (from Ch. 110, par. 6-129) Sec. 6-129. Judgment. In cases where no other provision is made, the judgment in the action, if the plaintiff prevails, shall be that the plaintiff recover the possession of the premises, according to the verdict of the jury, if there…

(735 ILCS 5/6-130) (from Ch. 110, par. 6-130) Sec. 6-130. Recovery of rents and profits. The plaintiff recovering judgment in ejectment in any of the cases in which such action may be maintained, shall also be entitled to recover damages against the defendant for the rents and pr…

(735 ILCS 5/6-131) (from Ch. 110, par. 6-131) Sec. 6-131. Conclusiveness of judgment. Every judgment in the action of ejectment shall be conclusive as to the title established in such action upon the party against whom the same is rendered, and against all persons claiming from, …

(735 ILCS 5/6-132) (from Ch. 110, par. 6-132) Sec. 6-132. New trial as in other civil cases. The court may grant a new trial before or after final judgment, as in other civil cases. (Source: P.A. 82-280.)

(735 ILCS 5/6-133) (from Ch. 110, par. 6-133) Sec. 6-133. Petition for damages. Instead of a separate action for the recovery of mesne profits, the plaintiff seeking to recover such damages shall, within one year after the entering of the judgment, file a petition in the ejectmen…

(735 ILCS 5/6-134) (from Ch. 110, par. 6-134) Sec. 6-134. Petition stands as complaint. Such petition shall be substantially in the same form as is now in use in other civil cases for complaints and the same rules of pleading shall be observed as in other civil cases. (Source: P.…

(735 ILCS 5/6-135) (from Ch. 110, par. 6-135) Sec. 6-135. Service of copy of petition. Upon the filing of such petition, the defendant shall be served with a copy thereof. (Source: P.A. 82-280.)

(735 ILCS 5/6-136) (from Ch. 110, par. 6-136) Sec. 6-136. Pleadings. The pleadings following the filing of the petition and the proceedings thereon shall be the same as in ordinary civil actions, but no matters shall be pleaded or presented which were or might have been denied in…

(735 ILCS 5/6-137) (from Ch. 110, par. 6-137) Sec. 6-137. Issue of fact on petition. If any issue of fact is presented on such petition, it shall be tried as in other civil cases; and if such issue is found for the plaintiff, or if demand for trial by jury has been made in accord…

(735 ILCS 5/6-138) (from Ch. 110, par. 6-138) Sec. 6-138. Extent of recovery. On the trial of such issue, the plaintiff is required to establish and the defendant may deny, the time when such defendant entered into the possession of the premises, the time during which he or she e…

(735 ILCS 5/6-139) (from Ch. 110, par. 6-139) Sec. 6-139. Death of plaintiff. If the plaintiff in ejectment dies after issue joined or judgment entered therein, the decedent's personal representatives may offer a suggestion of such death, of the granting of letters of office to t…

(735 ILCS 5/6-140) (from Ch. 110, par. 6-140) Sec. 6-140. When mesne profits not recoverable. Every person who is hereafter evicted from any land for which he or she can show a plain, clear and connected title deduced from the record of some public office, without actual notice o…

(735 ILCS 5/6-141) (from Ch. 110, par. 6-141) Sec. 6-141. Notice of adverse claim. Notice of any adverse claim or title to the land within the meaning of this Article is to be given by bringing an action for the same, by the one or the other of the parties, and may hereafter be g…

(735 ILCS 5/6-142) (from Ch. 110, par. 6-142) Sec. 6-142. Notice to occupying claimant. Notice to any occupying claimant shall bind all those claiming from, by or through such occupying claimant, to the extent of such claim. (Source: P.A. 82-280.)

(735 ILCS 5/6-149) (from Ch. 110, par. 6-149) Sec. 6-149. Stay of waste - Security. Nothing herein contained shall be construed so as to prevent any court from entering an order to stay waste, and ordering a party to give bond and security in such manner as the court may deem app…

(735 ILCS 5/6-150) (from Ch. 110, par. 6-150) Sec. 6-150. Abolition of common law fictions. The following common law fictions are abolished: (1) The use of fictitious names of plaintiffs or defendants and of the names of any other than the real claimants and the real defendants, …

(735 ILCS 5/8-1001) (from Ch. 110, par. 8-1001) Sec. 8-1001. Courts of original jurisdiction. Every court of original jurisdiction, in addition to the matters of which courts of original jurisdiction have heretofore been required to take judicial notice, shall take judicial notic…

(735 ILCS 5/8-1002) (from Ch. 110, par. 8-1002) Sec. 8-1002. Courts of appellate jurisdiction. Upon the review by any court of appellate jurisdiction of a judgment or order of a circuit court the court of appellate jurisdiction shall take judicial notice of all matters of which t…

(735 ILCS 5/8-1003) (from Ch. 110, par. 8-1003) Sec. 8-1003. Common law and statutes. Every court of this state shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States. (Source: P.A. 82-280.)

(735 ILCS 5/8-1004) (from Ch. 110, par. 8-1004) Sec. 8-1004. Information of the court. The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information. (Source: P.A. 82-280.)