(735 ILCS 5/2-104)
(from Ch. 110, par. 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 action shall abate or be dismissed because commenced in
the wrong venue if there is a proper venue to which the cause may be
(b) All objections of improper venue are waived by a defendant
unless a motion to transfer to a proper venue is made by the defendant on or
before the date upon which he or she is required to appear or within any
further time that may be granted him or her to answer or move with respect to
the complaint, except that if a defendant upon whose residence venue
depends is dismissed upon motion of plaintiff, a remaining defendant may
promptly move for transfer as though the dismissed defendant had not
been a party.
(c) Motions for transfer to a proper venue may be supported and
opposed by affidavit. In determining issues of fact raised by
affidavits, any competent evidence adduced by the parties shall also be
considered. The determination of any issue of fact in connection with a
motion to transfer does not constitute a determination of the merits of
the case or any aspect thereof.
(Source: P.A. 83-707.)