Illinois Compiled Statutes
735 ILCS 5/2-1001.5 (2026)
Change of venue
✓ current as of May 2026
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(735 ILCS 5/2-1001.5)
(from Ch. 110, par. 2-1001.5)
Sec. 2-1001.5.
Change of venue.
(a) A change of venue in any civil action may be had when the court
determines that any party may not receive a fair trial in the court in
which the action is pending because the inhabitants of the county are
prejudiced against the party, or his or her attorney, or the adverse party
has an undue influence over the minds of the inhabitants.
(b) Every application for a change of venue by a party or his or her
attorney shall be by petition, verified by the affidavit of the applicant. The
petition shall set forth the facts upon which the petitioner bases his or her
belief of prejudice of the inhabitants of the county or the undue influence of
the adverse party over their minds, and must be supported by the affidavits of
at least 2 other reputable persons residing in the county. The adverse party
may controvert the petition by counter affidavits, and the court may grant or
deny the petition as shall appear to be according to the right of the case.
(c) A petition for change of venue shall not be granted unless it is
presented before trial or hearing begins and before the judge to whom it is
presented has ruled on any substantial issue in the case, but if any ground
for change of venue occurs thereafter, a petition for change of venue
may be presented based upon that ground.
(d) The application may be made to the court in which the case is pending,
reasonable notice thereof having been given to the adverse party or his or her
attorney.
(e) When a change of venue is granted, it shall be to some other
convenient county to which there is no valid objection.
(f) The order for a change of venue may be made subject to such equitable
terms and conditions as safety to the rights of the parties may seem to
require, and the court in its discretion may prescribe.
(g) The expenses attending a change of venue shall be taxed by the clerk
of the court from which the case is certified according to the rates
established by law for like services, and shall be paid by the petitioner and
not allowed as part of the costs in the action.
(h) The order shall be void unless the party obtaining a change of venue
shall, within 15 days, or such shorter time as the court may prescribe,
pay to the clerk the expenses attending the change.
(i) Where the venue is changed without the application of either party,
the costs of such change shall abide the event of the action.
(j) In all cases of change of venue, the clerk of the court from which
the change is granted shall immediately prepare a full transcript of the
record and proceedings in the case, and of the petition, affidavits and
order for the change of venue, and transmit the same, together with all
the papers filed in the case, to the proper court, but when the venue is
changed, on behalf of a part of the defendants in a condemnation proceeding,
it shall not be necessary to transmit the original papers in the case, and
it shall be sufficient to transmit certified copies of so much thereof as
pertains to the case so changed. Such transcript and papers or copies may
be transmitted by mail, or in such other ways as the court may direct.
(k) The clerk of the court to which the change of venue is granted shall
file the transcript and papers transmitted and docket the cause, and such
cause shall be proceeded in and determined before and after judgment, as
if it had originated in such court.
(l) All questions concerning the regularity of the proceedings in a change
of venue, and the right of the court to which the change is made to try
the cause and enforce the judgment, shall be considered as waived after
trial and verdict.
(m) Upon the entry of judgment of any civil cause in which the venue has
been changed, it shall be lawful for the party in whose favor judgment is
entered, to file in the office of the clerk of the court where the action
was instituted a transcript of such judgment, and the clerk shall file the same
of record, and enforcement may be had thereon, and the same shall, from
the time of filing such transcript, have the same operation and effect as
if originally recovered in such court.
(Source: P.A. 87-949.)
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1999–2025 · leading case: In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011).
In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011). “5 of the Code (735 ILCS 5/2-1001.5 (West 2006)) does today.”
In Re Marriage of O'Brien, 958 N.E.2d 647 (Ill. 2011). “5 of the Code (735 ILCS 5/2-1001.5 (West 2006)) does today.”
Schnepf v. Schnepf, 2013 IL App (4th) 121142 (Ill. App. Ct. 2013). “5 to distinguish between “substitution of judge” (735 ILCS 5/2-1001 (West 1992)) and “change of venue” (735 ILCS 5/2-1001.5 (West 1994)). Pub. Act 87-949, § 1 (eff.”
In re Marriage of Harnack, 2014 IL App (1st) 121424 (Ill. App. Ct. 2014). “5 of the Code (735 ILCS 5/2-1001.5 (West 2010)), asserting assorted claims of impropriety against the judge presiding over the consolidated dissolution and Israelov 11 1-12-1424 actions as well as against Harnack's counsel.”
Stoller v. Uber, 2022 IL App (1st) 201088-U (Ill. App. Ct. 2022). “5 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1001.5 (West 2018). In the motion, Stoller referred to the above courtroom incident and argued that the courtroom does not have adequate security and that the circuit court judge is unable to adequately protect litigants.”
Kindstrom v. Harkins, 2020 IL App (2d) 191086-U (Ill. App. Ct. 2020). “735 ILCS 5/2-1001.5(a) (West 2018). Plaintiff asserted that his civil rights were violated in the Nineteenth Judicial Circuit and that several witness he sought to call in this case were Lake County officeholders who would have undue influence in Lake County courts.”
City of Marion v. Ball, 2025 IL App (5th) 250017-U (Ill. App. Ct. 2025). “See 735 ILCS 5/2-1001.5(a) (West 2020). 3 We note that Ball styled each request as a “Notice of Medical Leave.”
Winn v. Mitsubishi Motor Mfg. of Am., Inc. (Ill. App. Ct. 1999). “2-1001(a)(2) (now 735 ILCS 5/2-1001.5(a) (West 1996))). The trial court denied the public guardian's motion, finding it constituted an abuse of legal procedure.”
— 735 ILCS 5/2-1001.5(a) — 5 cases
In re Marriage of O'Brien, 2011 IL 109039 (Ill. 2011). “5 of the Code (735 ILCS 5/2-1001.5 (West 2006)) does today.”
In Re Marriage of O'Brien, 958 N.E.2d 647 (Ill. 2011). “5 of the Code (735 ILCS 5/2-1001.5 (West 2006)) does today.”
City of Marion v. Ball, 2025 IL App (5th) 250017-U (Ill. App. Ct. 2025). “See 735 ILCS 5/2-1001.5(a) (West 2020). 3 We note that Ball styled each request as a “Notice of Medical Leave.”
Kindstrom v. Harkins, 2020 IL App (2d) 191086-U (Ill. App. Ct. 2020). “735 ILCS 5/2-1001.5(a) (West 2018). Plaintiff asserted that his civil rights were violated in the Nineteenth Judicial Circuit and that several witness he sought to call in this case were Lake County officeholders who would have undue influence in Lake County courts.”
Winn v. Mitsubishi Motor Mfg. of Am., Inc. (Ill. App. Ct. 1999). “2-1001(a)(2) (now 735 ILCS 5/2-1001.5(a) (West 1996))). The trial court denied the public guardian's motion, finding it constituted an abuse of legal procedure.”
— 735 ILCS 5/2-1001.5(b) — 1 case
Stoller v. Uber, 2022 IL App (1st) 201088-U (Ill. App. Ct. 2022). “5 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1001.5 (West 2018). In the motion, Stoller referred to the above courtroom incident and argued that the courtroom does not have adequate security and that the circuit court judge is unable to adequately protect litigants.”
— 735 ILCS 5/2-1001.5(c) — 1 case
Kindstrom v. Harkins, 2020 IL App (2d) 191086-U (Ill. App. Ct. 2020). “735 ILCS 5/2-1001.5(a) (West 2018). Plaintiff asserted that his civil rights were violated in the Nineteenth Judicial Circuit and that several witness he sought to call in this case were Lake County officeholders who would have undue influence in Lake County courts.”
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