ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/11-107 (2026)

Seeking wrong remedy not fatal

✓ current as of May 2026
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(735 ILCS 5/11-107) (from Ch. 110, par. 11-107)
    Sec. 11-107. Seeking wrong remedy not fatal. Where relief is sought under Article XI of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms, and the court shall grant the relief to which plaintiff is entitled on the amended pleadings or upon the evidence. In considering whether a proposed amendment is just and reasonable, the court shall consider the right of the defendant to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third party complaint, and to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Geisler v. City of Wood River, 892 N.E.2d 543 (Ill. App. Ct. 2008).
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Geisler v. City of Wood River, 892 N.E.2d 543 (Ill. App. Ct. 2008). · cites it 2× “However, we note that section 11-107 of the Illinois Code of Civil Procedure (735 ILCS 5/11-107 (West 2006)) provides that where the plaintiff has "established facts which entitle the plaintiff to [injunctive] relief but * * * the plaintiff has sought the wrong remedy, the court…”
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