Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/Art. II Pt. 1
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. II Pt. 1 heading)
735 ILCS 5/2-101
(735 ILCS 5/2-101)
(from Ch. 110, par. 2-101)
Except as otherwise provided in this Act, every action must be
commenced (1) in the county of residence of any defendant who is joined
in good faith and with probable cause for the purpose of obtaining a
judgment against him or her and not solely for the purpose of fixing venue in
that county, or (2) in the county in which the transaction or some part
thereof occurred out of which the cause of action arose.
If a check, draft, money order, or other instrument for the payment of
child support payable to or delivered to the State Disbursement Unit
established under Section 10-26 of the Illinois Public Aid Code is returned by
the bank or depository for any reason, venue for the enforcement of any
criminal proceedings or civil cause of action for recovery and attorney fees
shall be in the county where the principal office of the State Disbursement
Unit is located.
If all defendants are nonresidents of the State, an action may be
commenced in any county.
If the corporate limits of a city, village or town extend into more
than one county, then the venue of an action or proceeding
instituted by that
municipality to enforce any fine, imprisonment, penalty or forfeiture
for violation of any ordinance of that municipality,
regardless of the county in which the violation was committed or occurred, may
be in the appropriate court (i) in the county
wherein the office of the clerk of the municipality is located
or (ii) in any county
in which at least 35% of the territory within the municipality's corporate
limits is located.
(Source: P.A. 91-212, eff. 7-20-99.)
735 ILCS 5/2-102
(735 ILCS 5/2-102)
(from Ch. 110, par. 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 bridge company, organized
under the laws of this State, and any foreign corporation authorized to
transact business in this State is a resident of any county in which it
has its registered office or other office or is doing business. A
foreign corporation not authorized to transact business in this State is
a nonresident of this State.
(b) A partnership sued in its firm name is a resident of any county
in which any partner resides or in which the partnership has an office
or is doing business. A partnership sued in its firm name, of which all
partners are nonresidents of this State and which does not have an
office or do business in this State, is a nonresident of this State.
(c) A voluntary unincorporated association sued in its own name is a
resident of any county in which the association has an office or, if on
due inquiry no office can be found, in which any officer of the association
resides. A voluntary unincorporated association sued in its own name, of
which all its members are nonresidents of this State and which does not
have an office or do business
in this State, is a nonresident of this State.
(Source: P.A. 83-901.)
735 ILCS 5/2-103
(735 ILCS 5/2-103)
(from Ch. 110, par. 2-103)
Public corporations - Local actions - Libel - Insurance
(a) Actions must be brought against a public, municipal,
governmental or quasi-municipal corporation in the county in which its
principal office is located or in the county in which the transaction or
some part thereof occurred out of which the cause of action arose.
Except as otherwise provided in Section 7-102 of this Code, if the cause of
related to an airport owned by a unit of local government or the property or
operations thereof, however, including an action challenging the
Act of the 93rd General Assembly, the action must be brought in the county in
unit of local government's principal office is located.
Actions to recover damage to real estate
which may be overflowed or otherwise damaged by reason of any act of the
corporation may be brought in the county where the real estate or some
part of it is situated, or in the county where the corporation is
located, at the option of the party claiming to be injured.
Except as otherwise provided in Section 7-102 of this Code, any cause of
that is related to an airport owned by a unit of local government, and that is
pending on or after the effective date of
this amendatory Act of the 93rd General Assembly in a county other than the
county in which the
unit of local government's principal office is located, shall be transferred,
upon motion of any
party under Section 2-106 of this Code, to the county in which the unit of
principal office is located.
(b) Any action to quiet title to real estate, or to partition or
recover possession thereof or to foreclose a mortgage or other lien
thereon, must be brought in the county in which the real estate or some
part of it is situated.
(c) Any action which is made local by any statute must be brought in
the county designated in the statute.
(d) Every action against any owner, publisher, editor, author or
printer of a newspaper or magazine of general circulation for libel
contained in that newspaper or magazine may be commenced only in the
county in which the defendant resides or has his, her or its principal office
or in which the article was composed or printed, except when the
defendant resides or the article was printed without this State, in
either of which cases the action may be commenced in any county in which
the libel was circulated or published.
(e) Actions against any insurance company incorporated under the law
of this State or doing business in this State may also be brought in any
county in which the plaintiff or one of the plaintiffs may reside.
(Source: P.A. 93-450, eff. 8-6-03.)
735 ILCS 5/2-104
(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.)
735 ILCS 5/2-105
(735 ILCS 5/2-105)
(from Ch. 110, par. 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 appropriate and timely motion
to transfer is made by a defendant not residing in the county, the
overruling of the motion is not ground for reversal if he or she proceeds to
trial on the merits, unless he or she renews the motion at the close of all the
evidence and it appears from the record or the evidence that the
defendant residing within the county was joined without probable cause
and not in good faith for the purpose of obtaining a judgment against
him or her but solely for the purpose of fixing venue in that county.
(Source: P.A. 82-280.)
735 ILCS 5/2-106
(735 ILCS 5/2-106)
(from Ch. 110, par. 2-106)
(a) Transfer for wrong venue. If a motion to
transfer is allowed on the ground that the action was commenced in a
wrong venue, the cause shall be transferred to the court in a proper
venue, subject to any equitable terms and conditions that may be
(b) Method of transfer. The clerk of the court from which a
transfer is granted shall immediately certify and transmit to the clerk
of the court to which the transfer is ordered the originals of all
papers filed in the case together with copies of all orders entered
therein. In the event of a severance, certified copies of papers filed
and orders entered shall be transmitted. The clerk of the court to
which the transfer is ordered shall file the papers and transcript
transmitted to him or her and docket the case, and the action shall proceed and
be determined as if it had originated in that court.
(Source: P.A. 82-280.)
735 ILCS 5/2-107
(735 ILCS 5/2-107)
(from Ch. 110, par. 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 granted, and, together with the filing
fee in the transferee court, shall be paid by plaintiff. If the court
granting the transfer finds that venue was fixed by plaintiff in bad
faith and without probable cause, then it may order the reasonable
expenses of defendant in attending and obtaining a transfer to a proper
venue, including a reasonable attorney's fee, to be paid by plaintiff.
If the costs and expenses are not paid within a reasonable time, the
transferring court shall on motion dismiss the action.
(Source: P.A. 82-280.)
735 ILCS 5/2-108
(735 ILCS 5/2-108)
(from Ch. 110, par. 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. 82-280.)
735 ILCS 5/2-109
(735 ILCS 5/2-109)
(from Ch. 110, par. 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 of medical,
other healing art malpractice, the plaintiff need not plead or prove
special injury to sustain his or her cause of action. In all such cases
alleging malicious prosecution, no exemplary or punitive damages shall be
(Source: P.A. 91-357, eff. 7-29-99.)