(735 ILCS 5/2-604) (from Ch. 110, par. 2-604)
Sec. 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 herself entitled except that in actions for injury to the person, no
ad damnum may be pleaded except to the minimum extent necessary to comply
with the circuit rules of assignment where the claim is filed. Relief may be
requested in the alternative. Prayers for relief which the allegations of the
pleadings do not sustain
may be objected to on motion or in the answering pleading. In actions
for injury to the person, any complaint filed which contains an ad
damnum, except to the minimum extent necessary to comply with the
circuit rules of assignment where the claim is filed, shall, on motion
of a defendant or on the
court's own motion, be dismissed without prejudice. Except in case
of default, the prayer for relief
does not limit the relief obtainable, but where other relief is sought
the court shall, by proper orders, and upon terms that may be just,
protect the adverse party against prejudice by reason of surprise. In
case of default, if relief is sought, whether by amendment, counterclaim,
or otherwise, beyond that prayed in the pleading to which the party is
in default, notice shall be given the defaulted party as provided by
rule.
Nothing in this Section shall be construed as prohibiting the
defendant from requesting of the plaintiff by interrogatory the amount
of damages which will be sought.
(Source: P.A. 93-387, eff. 7-25-03.)
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