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Illinois Compiled Statutes

735 ILCS 5/1-108 (2026)

Civil Practice Law applies

✓ current as of May 2026
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(735 ILCS 5/1-108) (from Ch. 110, par. 1-108)
    Sec. 1-108. Civil Practice Law applies. (a) The provisions of Article II of this Act apply to all proceedings covered by Articles III through XIX of this Act except as otherwise provided in each of the Articles III through XIX, respectively.
    (b) In proceedings in which the procedure is regulated by statutes other than those contained in this Act, such other statutes control to the extent to which they regulate procedure but Article II of this Act applies to matters of procedure not regulated by such other statutes.
    (c) As to all matters not regulated by statute or rule of court, the practice at common law prevails.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 2001–2023 · leading case: Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008).
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Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). · cites it 4× “Section 2-404 of the Code of Civil Procedure, in turn, states that "[a]ll persons may join in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally or…”
Bowman v. Am. River Transp. Co., 838 N.E.2d 949 (Ill. 2005). “735 ILCS 5/1-108(b) (West 2000). Neither the Jones Act nor any other statute purports to regulate procedure for demanding or waiving jury trial.”
Madison Two Assocs. v. Pappas, 862 N.E.2d 1184 (Ill. App. Ct. 2007). · cites it 3× “(b) In proceedings in which the procedure is regulated by statutes other than those contained in this Act, such other statutes control to the extent to which they regulate procedure but Article II of this Act applies to matters of procedure not regulated by such other statutes.”
People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022). “735 ILCS 5/1-108(b) (West 2018). As the TIRC Act does not state whether a party may seek a substitution of judge, by default section 1-108(b) would call for application of section 2-1001 in circuit court proceedings upon referral of a TIRC disposition.”
Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014). · cites it 2× “735 ILCS 5/1-108(a) -8- (West 2012); Rodriguez, 218 Ill.”
People v. Trimarco, 846 N.E.2d 1008 (Ill. App. Ct. 2006). “" 735 ILCS 5/1-108(b) (West 2004). If probation revocation proceedings are unqualifiedly civil proceedings, as the majority holds, then the Civil Practice Law must apply to all procedures not specifically covered by some other statute.”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). “” 735 ILCS 5/1-108(a) (West 2010). Article XV, which governs the Foreclosure Law, provides that generally article II governs the mode of procedure, but if inconsistent with the provisions of the Foreclosure Law, then the Foreclosure Law controls.”
Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014). “735 ILCS 5/1-108(a) (West 2012). There is nothing in the Administrative Review Law that explicitly rejects the rules set forth in sections 2-104(a) and 2-106(a).”
Eads v. Heritage Enter., Inc., 757 N.E.2d 107 (Ill. App. Ct. 2001). “) 735 ILCS 5/1-108(b) (West 1998). The Nursing Home Act contains no provision regulating pleadings.”
In re Commitment of Conley, 2023 IL App (1st) 211084 (Ill. App. Ct. 2023). “” 735 ILCS 5/1-108(b) (West 2014). ¶ 35 The provisions of the SVP Act are triggered when a respondent who has been convicted of a sexually violent offense is nearing release or discharge from custody.”
Slepicka v. The State of Illinois, 2013 IL App (4th) 121103 (Ill. App. Ct. 2013). “These two sections are part of article II of the Code of Civil Procedure, which, according to section 1-108(a) (735 ILCS 5/1-108(a) (West -5- 2012)), applies to proceedings under article III, the Administrative Review Law, except as article III otherwise provides.”
McDonald v. Cook Cnty. Officers Electoral Bd., 2018 IL App (1st) 180406 (Ill. App. Ct. 2018). “" 735 ILCS 5/1-108(b) (West 2016). Article II is the Civil Practice Act, which provides, at section 2-616(a), that "[a]t any time before final judgment amendments may be allowed on just and reasonable terms * * * and in any matter * * * which may enable the plaintiff to sustain…”
Show all 25 citing cases →
— 735 ILCS 5/1-108(a) — 6 cases
Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014). “735 ILCS 5/1-108(a) -8- (West 2012); Rodriguez, 218 Ill.”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). “” 735 ILCS 5/1-108(a) (West 2010). Article XV, which governs the Foreclosure Law, provides that generally article II governs the mode of procedure, but if inconsistent with the provisions of the Foreclosure Law, then the Foreclosure Law controls.”
Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014). “735 ILCS 5/1-108(a) (West 2012). There is nothing in the Administrative Review Law that explicitly rejects the rules set forth in sections 2-104(a) and 2-106(a).”
Slepicka v. The State of Illinois, 2013 IL App (4th) 121103 (Ill. App. Ct. 2013). “These two sections are part of article II of the Code of Civil Procedure, which, according to section 1-108(a) (735 ILCS 5/1-108(a) (West -5- 2012)), applies to proceedings under article III, the Administrative Review Law, except as article III otherwise provides.”
Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014).
— 735 ILCS 5/1-108(b) — 15 cases
Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). “Section 2-404 of the Code of Civil Procedure, in turn, states that "[a]ll persons may join in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally or…”
Bowman v. Am. River Transp. Co., 838 N.E.2d 949 (Ill. 2005). “735 ILCS 5/1-108(b) (West 2000). Neither the Jones Act nor any other statute purports to regulate procedure for demanding or waiving jury trial.”
People v. Johnson, 2022 IL App (1st) 201371 (Ill. App. Ct. 2022). “735 ILCS 5/1-108(b) (West 2018). As the TIRC Act does not state whether a party may seek a substitution of judge, by default section 1-108(b) would call for application of section 2-1001 in circuit court proceedings upon referral of a TIRC disposition.”
People v. Trimarco, 846 N.E.2d 1008 (Ill. App. Ct. 2006). “" 735 ILCS 5/1-108(b) (West 2004). If probation revocation proceedings are unqualifiedly civil proceedings, as the majority holds, then the Civil Practice Law must apply to all procedures not specifically covered by some other statute.”
Eads v. Heritage Enter., Inc., 757 N.E.2d 107 (Ill. App. Ct. 2001). “) 735 ILCS 5/1-108(b) (West 1998). The Nursing Home Act contains no provision regulating pleadings.”
— 735 ILCS 5/1-108(c) — 1 case
In re Est. of Michalak (Ill. App. Ct. 2010).
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