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Illinois Compiled Statutes

735 ILCS 5/2-104 (2026)

Wrong venue - Waiver - Motion to transfer

✓ current as of May 2026
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(735 ILCS 5/2-104) (from Ch. 110, par. 2-104)
    Sec. 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.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 38 cases (13 in the last 5 years), 1994–2026 · leading case: Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014).
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Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014). · cites it 2× “” 735 ILCS 5/2-104(a) (West 2012). Section 2-106(a) provides that “[i]f 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…”
Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014). · cites it 2× “” 735 ILCS 5/2-104(a) (West 2012). Section 2-106(a) provides that “[i]f 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…”
Holston v. Sisters of Third Order of St. Francis, 650 N.E.2d 985 (Ill. 1995). “(735 ILCS 5/2-104(a).) Defendant cites no case decision in which a trial court was found to have abused its discretion in failing to grant a midtrial motion for transfer of venue.”
People v. Adams, 641 N.E.2d 514 (Ill. 1994). “Again, as the comments state, current law draws a sharp distinction between venue and jurisdiction.”
Slepicka v. The State of Illinois, 2013 IL App (4th) 121103 (Ill. App. Ct. 2013). · cites it 2× “¶ 26 The trouble with such reasoning is that it conflicts with section 2-104(a) and 2-106(b) of the Code of Civil Procedure (735 ILCS 5/2-104(a), 2-106(b) (West 2012)).”
Braun v. Aspide Med., 2020 IL App (1st) 200131 (Ill. App. Ct. 2020). “Based on the affidavit of John Huelskamp, BG Medical’s president, which is proper supporting evidence for a motion to transfer venue (see 735 ILCS 5/2-104(c) (West 2018)), BG Medical moved its sole office from Cook County to Lake County in December 2018, and he and his wife, the…”
Home Depot USA v. Dep't of Revenue, 823 N.E.2d 625 (Ill. App. Ct. 2005). “Although a defendant may waive the issue of proper venue (see 735 ILCS 5/2-104(b) (West 2002)), the trial court has no discretion to deny a motion to transfer, based on improper venue, when the plaintiff has failed to satisfy the statute's requirements.”
SABA Software, Inc. v. Deere & Co., 2014 IL App (1st) 132381 (Ill. App. Ct. 2014). · cites it 2× “On April 22, 2013, Deere filed a motion to transfer the case to Rock Island County based on the Illinois venue statute, section 2-104 of the Code of Civil Procedure (735 ILCS 5/2-104 (West 2012)) and the doctrine of forum non conveniens (Ill.”
Hastings v. State, 2015 IL App (5th) 130527 (Ill. App. Ct. 2015). “735 ILCS 5/2-104(a) (West 2012) ("No order or judgment is void because rendered in the wrong venue ***.”
Hastings v. State, 2015 IL App (5th) 130527 (Ill. App. Ct. 2015). “735 ILCS 5/2-104(a) (West 2012) (“No order or judgment is void because rendered in the wrong venue ***.”
Wood v. Hunt, 2022 IL App (4th) 210221-U (Ill. App. Ct. 2022). · cites it 3× “Hunt and Citizens Equity First Credit Union’s (CEFCU) motion to transfer venue to the Superior Court of the State of California for the County of San Bernadino.”
Guiffrida v. Boothy's Palace Tavern, Inc., 2014 IL App (4th) 131008 (Ill. App. Ct. 2014). “See 735 ILCS 5/2-104(b) (West 2012); Memorial Medical Center v.”
Show all 38 citing cases →
— 735 ILCS 5/2-104(a) — 11 cases
Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014). “” 735 ILCS 5/2-104(a) (West 2012). Section 2-106(a) provides that “[i]f 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…”
Slepicka v. Illinois Dep't of Pub. Health, 2014 IL 116927 (Ill. 2014). “” 735 ILCS 5/2-104(a) (West 2012). Section 2-106(a) provides that “[i]f 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…”
Holston v. Sisters of Third Order of St. Francis, 650 N.E.2d 985 (Ill. 1995). “(735 ILCS 5/2-104(a).) Defendant cites no case decision in which a trial court was found to have abused its discretion in failing to grant a midtrial motion for transfer of venue.”
Slepicka v. The State of Illinois, 2013 IL App (4th) 121103 (Ill. App. Ct. 2013). “¶ 26 The trouble with such reasoning is that it conflicts with section 2-104(a) and 2-106(b) of the Code of Civil Procedure (735 ILCS 5/2-104(a), 2-106(b) (West 2012)).”
Hastings v. State, 2015 IL App (5th) 130527 (Ill. App. Ct. 2015). “735 ILCS 5/2-104(a) (West 2012) ("No order or judgment is void because rendered in the wrong venue ***.”
— 735 ILCS 5/2-104(b) — 14 cases
People v. Adams, 641 N.E.2d 514 (Ill. 1994). “Again, as the comments state, current law draws a sharp distinction between venue and jurisdiction.”
Home Depot USA v. Dep't of Revenue, 823 N.E.2d 625 (Ill. App. Ct. 2005). “Although a defendant may waive the issue of proper venue (see 735 ILCS 5/2-104(b) (West 2002)), the trial court has no discretion to deny a motion to transfer, based on improper venue, when the plaintiff has failed to satisfy the statute's requirements.”
Guiffrida v. Boothy's Palace Tavern, Inc., 2014 IL App (4th) 131008 (Ill. App. Ct. 2014). “See 735 ILCS 5/2-104(b) (West 2012); Memorial Medical Center v.”
Wood v. Hunt, 2022 IL App (4th) 210221-U (Ill. App. Ct. 2022). “Hunt and Citizens Equity First Credit Union’s (CEFCU) motion to transfer venue to the Superior Court of the State of California for the County of San Bernadino.”
Kindstrom v. Harkins, 2020 IL App (2d) 191086-U (Ill. App. Ct. 2020).
— 735 ILCS 5/2-104(c) — 4 cases
Braun v. Aspide Med., 2020 IL App (1st) 200131 (Ill. App. Ct. 2020). “Based on the affidavit of John Huelskamp, BG Medical’s president, which is proper supporting evidence for a motion to transfer venue (see 735 ILCS 5/2-104(c) (West 2018)), BG Medical moved its sole office from Cook County to Lake County in December 2018, and he and his wife, the…”
Williams v. Horn, 2023 IL App (1st) 221289-U (Ill. App. Ct. 2023).
Kindstrom v. Harkins, 2020 IL App (2d) 191086-U (Ill. App. Ct. 2020).
Winn v. Mitsubishi Motor Mfg. of Am., Inc. (Ill. App. Ct. 1999).
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