ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-1110 (2026)

Motion in non-jury case to find for defendant at close of plaintiff's evidence

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(735 ILCS 5/2-1110) (from Ch. 110, par. 2-1110)
    Sec. 2-1110. Motion in non-jury case to find for defendant at close of plaintiff's evidence. In all cases tried without a jury, defendant may, at the close of plaintiff's case, move for a finding or judgment in his or her favor. In ruling on the motion the court shall weigh the evidence, considering the credibility of the witnesses and the weight and quality of the evidence. If the ruling on the motion is favorable to the defendant, a judgment dismissing the action shall be entered. If the ruling on the motion is adverse to the defendant, the defendant may proceed to adduce evidence in support of his or her defense, in which event the motion is waived.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 129 cases (51 in the last 5 years), 1993–2026 · leading case: Asset Recovery Contracting, LLC v. Walsh Constr. Co. of Illinois, 2012 IL App (1st) 101226, 980 N.E.2d 708.
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Asset Recovery Contracting, LLC v. Walsh Constr. Co. of Illinois, 2012 IL App (1st) 101226, 980 N.E.2d 708. · cites it 2× “ARC contends that a de novo standard of review applies to the trial court’s grant of Walsh’s motion to strike ARC’s claim for consequential damages under section 2-1110 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1110 (West 2004)). However, section 2-1110 applies to…”
In re Marriage of Vickers, 2022 IL App (5th) 200164, 221 N.E.3d 422. · cites it 3× “¶ 37 At the conclusion of Quentin’s presentation of evidence, Ginger moved for a directed finding pursuant to section 2-1110 of the Code of Civil Procedure (735 ILCS 5/2-1110 (West 2018)). After hearing arguments from both parties, the trial court entered the following docket…”
Geske v. Geske, 799 N.E.2d 829 (Ill. App. Ct. 1st Dist. 2003). · cites it 3× “The trial judge then reviewed his notes from the original trial, and after applying the correct standard, section 2-1110 of the Code of Civil Procedure (735 ILCS 5/2-1110 (West 2000)), and after considering the credibility of the witnesses and the weight and quality of the…”
Vician v. Vician, 2016 IL App (2d) 160022. · cites it 3× “” However, a party moves for a directed verdict in a jury trial (735 ILCS 5/2-1202 (West 2014)) and a directed finding in a bench trial (735 ILCS 5/2-1110 (West 2014)). Although it would have been more appropriate for defendants to state that they were moving for a directed…”
In re Marriage of Romano, 2012 IL App (2d) 091339, 968 N.E.2d 115. “735 ILCS 5/2-1110 (West 2008); Law Offices of Colleen M.”
Pepper Constr. Co. v. Palmolive Tower Condos., LLC, 2016 IL App (1st) 142754, 59 N.E.3d 41. “Pepper also asserts that it suffered a real loss as a result of the shower floor judgment, as the net amount due to Pepper was the starting point for settlement negotiations and Pepper received a reduced recovery.”
North Spaulding Condo. Assoc v. Cavanaugh, 2017 IL App (1st) 160870, 76 N.E.3d 770. · cites it 3× “After the close of the condominium association’s case in chief, the Cavanaughs moved for judgment in their favor pursuant to section 2-1110 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1110 (West 2014)). The trial court denied the motion.”
Vician v. Vician, 2016 IL App (2d) 160022, 64 N.E.3d 159. · cites it 2× “When asked how much money he had paid back over time, Gregory replied: 2 Although the trial court adopted defendants’ term, “directed “verdict,” it applied the two-step process applicable to a motion for a directed finding, pursuant to section 2-1110 of the Code of Civil…”
People v. Ullrich, 767 N.E.2d 411 (Ill. App. Ct. 1st Dist. 2002). · cites it 2× “735 ILCS 5/2-1110 (West 2000). Section 2-1110 provides that the trial court "shall weigh the evidence, considering the credibility of the witnesses and the weight and quality of the evidence.”
Howard v. Firmand, 880 N.E.2d 1139 (Ill. App. Ct. 1st Dist. 2007). “The majority is correct that the appellate court's split decision on the appeal of the denial of the second plenary order of protection affords Firmand no support for her claim of the existence of probable cause; however, I believe probable cause was conclusively established on…”
Bank of Am. v. WS Mgmt., Inc., 2015 IL App (1st) 132551, 33 N.E.3d 696. · cites it 2× “¶ 59 After plaintiff presented its case, defendants moved for a directed finding pursuant to section 2-1110 of the Code of Civil Procedure (735 ILCS 5/2-1110 (West 2012)), contending that plaintiff failed to establish a prima facie case for its claims.”
In re Marriage of Burns, 2019 IL App (2d) 180715. · cites it 2× “Specifically, at the close of August’s case, Heather moved for a directed finding under section 2-1110 of the Code of Civil Procedure (735 ILCS 5/2-1110 (West 2016)). The court granted the motion “in part,” finding that there had been no substantial change in circumstances…”
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