Skip to main content

Illinois Statutes Chapter 735. Civil Procedure §-104.Wrong venue--Waiver--Motion to transfer

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

§ 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 transferred.

(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.

Cite this article: - Illinois Statutes Chapter 735. Civil Procedure §-104.Wrong venue--Waiver--Motion to transfer - last updated January 01, 2019 |

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard