Illinois Compiled Statutes 735 Civil Procedure: Article II - Civil Practice

Part 1. Venue

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-103
  Public corporations - Local actions - Libel - Insurance companies. (a) Actions must be brought against a public, municipal, governmental or quasi-municipal corporation in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-104
  Wrong venue - Waiver - Motion to transfer. (a) No order or judgment is void because rendered in the wrong venue, except in case...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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.
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 2. Process

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-201
  Commencement of actions - Forms of process. (a) Every action, unless otherwise expressly provided by statute, shall be commenced by the filing of a...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-202
  Persons authorized to serve process; Place of service; Failure to make return. (a) Process shall be served by a sheriff, or if the sheriff is...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-203
  Service on individuals. (a) Except as otherwise expressly provided, service of summons upon an individual defendant shall be made (1) by leaving a copy of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-203.1
  Service by special order of court. If service upon an individual defendant is impractical under items (1) and (2) of subsection (a) of Section...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-203.2
  Service on an inmate. For the security of a correctional institution or facility or jail, a process server may be refused entry into that correctional...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-204
  Service on private corporations. A private corporation may be served (1) by leaving a copy of the process with its registered agent or any...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-205
  Service on partnership and partners. (a) A partnership sued in its firm name may be served by leaving a copy of the process with...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-205.1
  Service on voluntary unincorporated associations. A voluntary unincorporated association sued in its own name may be served by leaving a copy of the process...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-206
  Service by publication; affidavit; mailing; certificate. (a) Whenever, in any action affecting property or status within the jurisdiction of the court, including an action...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-207
  Period of Publication - Default. The notice required in the preceding section may be given at any time after the commencement of the action,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-208
  Personal service outside State. (a) Personal service of summons may be made upon any party outside the State. If upon a citizen or resident...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-209
  Act submitting to jurisdiction - Process. (a) Any person, whether or not a citizen or resident of this State, who in person or through an...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-209.1
  Actions by and against voluntary associations. A voluntary unincorporated association may sue and be sued in its own name, and may complain and defend...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-210
  Aircraft and Watercraft. (a) For the purposes of this Section: "aircraft" means any contrivance now known, or hereafter invented, used or designed for flight...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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)...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 3. Appearance

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-301
  Objections to jurisdiction over the person. (a) Prior to the filing of any other pleading or motion other than a motion for an extension...

Part 4. Parties

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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....
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 5. Appointment of Guardians

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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.)

Part 6. Pleading

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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)...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-604
  Prayer for relief. Every count in every complaint and counterclaim shall contain specific prayers for the relief to which the pleader deems himself or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-604.1
  Pleading of punitive damages. In all actions on account of bodily injury or physical damage to property, based on negligence, or product liability based...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-621
  Product liability actions. (a) In any product liability action based on any theory or doctrine commenced or maintained against a defendant or defendants other...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-624
  (Repealed). (Source: P.A. 89-7, eff. 3-9-95. Repealed by P.A. 97-1145, eff. 1-18-13.)

Part 7. Action for Declaratory Judgment

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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....
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 8. Class Action

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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:...

Part 9. Action on Penal Bond

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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....

Part 10. Pre-trial Steps

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1001
  Substitution of judge. (a) A substitution of judge in any civil action may be had in the following situations: (1) Involvement of judge. When the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1001.5
  Change of venue. (a) A change of venue in any civil action may be had when the court determines that any party may not...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1003
  Discovery and depositions. (a) Any party who by pleading alleges any claim for bodily injury or disease, including mental health injury or disease, shall...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1004
  Pretrial procedure. The holding of pretrial conferences shall be in accordance with rules. (Source: P.A. 82-280.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1005
  Summary judgments. (a) For plaintiff. Any time after the opposite party has appeared or after the time within which he or she is required...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1006
  Consolidation and severance of cases. An action may be severed, and actions pending in the same court may be consolidated, as an aid to...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1007
  Extension of time and continuances. On good cause shown, in the discretion of the court and on just terms, additional time may be granted...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1007.1
  Preference in setting for trial. (a) A party who is an individual and has reached the age of 70 years shall, upon motion by...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1008
  Abatement; change of interest or liability; substitution of parties. (a) Change of interest or liability. If by reason of marriage, bankruptcy, assignment, or any...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1009
  Voluntary dismissal. (a) The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 10a. Mandatory Arbitration System

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1001A
  Authorization. The Supreme Court of Illinois, by rule, may provide for mandatory arbitration of such civil actions as the Court deems appropriate in order...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1002A
  Implementation by Supreme Court Rules. The Supreme Court shall by rule adopt procedures adapted to each judicial circuit to implement mandatory arbitration under this...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1003A
  Qualification, Appointment, and Compensation of Arbitrators. The qualification and the method of appointment of arbitrators shall be prescribed by rule. Arbitrators shall be entitled...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1004A
  Decision and Award. Following an arbitration hearing as prescribed by rule, the arbitrators' decision shall be filed with the circuit court, together with proof...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1005A
  Judgment of the Court. If no rejection of the award is filed, a judge of the circuit court may enter the award as the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1006A
  Uniform Arbitration Act. The provisions of the Uniform Arbitration Act shall not be applicable to the proceedings under this Part 10A of Article II....
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1007A
  The expenses of conducting mandatory arbitration programs in the circuit court, including arbitrator fees, and the expenses related to conducting such other alternative dispute...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1008A
  (Repealed). (Source: P.A. 85-408. Repealed by P.A. 97-1099, eff. 8-24-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1009A
  Filing Fees. In each county authorized by the Supreme Court to utilize mandatory arbitration, the clerk of the circuit court shall charge and collect, in...

Part 11. Trial

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1107.1
  Jury instruction in tort actions. In all actions on account of bodily injury or death or physical damage to property based on negligence, or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1108
  Verdict - Special interrogatories. Unless the nature of the case requires otherwise, the jury shall render a general verdict. The jury may be required...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1109
  Itemized verdicts. In every case where damages for bodily injury or death are assessed by the jury the verdict shall be itemized so as...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1116
  Limitation on recovery in tort actions; fault. (a) The purpose of this Section is to allocate the responsibility of bearing or paying damages in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 12. Post-trial

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1201
  Return of verdict - Separate counts - Defective or unproved counts. (a) It is sufficient for the jury to pronounce its verdict by its...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1205.1
  Reduction in amount of recovery. In all cases on account of bodily injury or death or physical damage to property, based on negligence, or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...

Part 13. Judgment

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1301
  Judgments - Default - Confession. (a) The court shall determine the rights of the parties and grant to any party any affirmative relief to...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1303
  Interest on judgment. Judgments recovered in any court shall draw interest at the rate of 9% per annum from the date of the judgment...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 14. Post-judgment

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1401
  Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1401.1
  Relief from default judgment; military personnel in military service. (a) In this Section: "Military service" means any full-time training or duty, no matter how described...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1402
  Supplementary proceedings. (a) A judgment creditor, or his or her successor in interest when that interest is made to appear of record, is entitled to...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1403
  Judgment debtor as beneficiary of trust. No court, except as otherwise provided in this Section, shall order the satisfaction of a judgment out of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1404
  Preservation of trust estates. In all cases where a trustee has been or shall be appointed by order of a circuit court, such court...

Part 15. Abolition of Writs

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1501
  Writs abolished. The function which was, prior to January 1, 1979, performed by a writ of execution to enforce a judgment or order for...

Part 16. Revival of Judgment

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1601
  Scire facias abolished. Any relief which heretofore might have been obtained by scire facias may be had by employing a petition filed in the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1602
  Revival of judgment. (a) A judgment may be revived by filing a petition to revive the judgment in the seventh year after its entry, or...

Part 17. Healing Art Malpractice

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1701
  Application. Subject to the provisions of Section 2-1705, in all medical malpractice actions the provisions of this Act shall be applicable. (Source: P.A. 84-7.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1702
  Economic/Non-Economic Loss. As used in this Part, "economic loss" and "non-economic loss" are defined as in Section 2-1115.2. (Source: P.A. 89-7, eff. 3-9-95.) (Text...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1703
  Past/Future Damages. As used in this Part: (a) "Past damages" means damages that have accrued when the damages findings are made. (b) "Future damages"...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1704
  Medical Malpractice Action. As used in this Part, "medical malpractice action" means any action, whether in tort, contract or otherwise, in which the plaintiff...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1704.5
  (Repealed). (Source: P.A. 94-677, eff. 8-25-05. Repealed by P.A. 97-1145, eff. 1-18-13.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1705
  Election for Periodic Payment. (a) In order to invoke the provisions of Section 2-1706 through 2-1718, a party to a medical malpractice action must...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1706
  Special findings required. (a) If liability is found in a trial under Sections 2-1706 through 2-1718, the trier of fact, in addition to other...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1706.5
  (Repealed). (Source: P.A. 94-677, eff. 8-25-05. Repealed by P.A. 97-1145, eff. 1-18-13.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1707
  Calculation of future damages. (a) In all trials under Sections 2-1706 through 2-1718, future damages must be calculated by the trier of fact without...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1708
  Basis for determining judgment to be entered. In order to determine what judgment is to be entered on a verdict requiring findings of special...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1709
  Payment of periodic installment obligations. (a) Except in those cases specified in this Part concerning the death of the person receiving periodic payments, the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1710
  Form of security. (a) Security authorized or required for payment of a judgment for periodic installments entered in accordance with this Section must be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1711
  Posting and maintaining security. (a) If the court enters a judgment for period installments, each party liable for all or a portion of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1712
  Equivalent lump sum value. When required to do so under Part 17 of Article II of the "Code of Civil Procedure", the court shall...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1713
  Effect of death. (a) For all future damages which the trier of fact has determined will accrue for the remainder of the plaintiff's life,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1714
  Liability insurance policy limits. (a) In determining whether or to what extent a judgment for periodic installments exceeds limits under a liability insurance policy,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1715
  Assignment of periodic installments. An assignment of or an agreement to assign any right to periodic installments for future damages contained in a judgment...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1716
  Exemption of benefits. Periodic installments for future damages for loss of earnings are exempt from garnishment, attachment, execution, and any other process or claim...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1717
  Settlement agreements and consent judgments. (a) Parties to a medical malpractice action may file with the clerk of the court in which the action...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1718
  Satisfaction of judgments. If security is posted in accordance with Section 2-1711 and approved under a final judgment, the judgment is satisfied and the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1719
  Duties of Director of Insurance. The Director of Insurance shall establish rules and procedures: (1) for determining which insurers, self-insurers, plans, arrangements, reciprocals or...

Part 18. Mittimus

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1801
  Mittimus. (a) In all cases, including criminal, quasi-criminal and civil, when a person is imprisoned, incarcerated, confined or committed to the custody of a...

Part 19. Lis Pendens

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1901
  Lis Pendens - Operative date of notice. Except as otherwise provided in Section 15-1503, every condemnation proceeding, proceeding to sell real estate of decedent...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1902
  Lis Pendens - Bankruptcy. A certified copy of a petition, with schedules omitted, commencing a proceeding under the Bankruptcy Act of the United States...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-1903
  Lis Pendens - Limitation as to Public Officers. In the absence of a permanent or preliminary injunction or temporary restraining order of a court,...

Part 20. Crime Victims

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-2001
  Crime victims. A victim of crime as defined in Section 2.3 of the Criminal Victims' Asset Discovery Act shall have a cause of action...

Part 21. Product Liability

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 2-2101
  Definitions. For purposes of this Part, the terms listed have the following meanings: "Clear and convincing evidence" means that measure or degree of proof...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Part 22. Insurance Placement Liability

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...

Part 23. Settlement (Source: P. A. 98-548, Eff. 1-1-14.)

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...

Last modified: February 18, 2015