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Illinois Compiled Statutes

735 ILCS 5/2-201 (2026)

Commencement of actions - Forms of process

✓ current as of May 2026
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(735 ILCS 5/2-201) (from Ch. 110, par. 2-201)
    Sec. 2-201. Commencement of actions - Forms of process.
    (a) Every action, unless otherwise expressly provided by statute, shall be commenced by the filing of a complaint. The clerk shall issue summons upon request of the plaintiff. The form and substance of the summons, and of all other process, and the issuance of alias process, and the service of copies of pleadings shall be according to rules.
    (b) One or more duplicate original summonses may be issued, marked "First Duplicate," "Second Duplicate," etc., as the case may be, whenever it will facilitate the service of summons in any one or more counties, including the county of venue.
    (c) A court's jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served. This subsection is declarative of existing law.
(Source: P.A. 100-1048, eff. 8-23-18.)

    
Notes of Decisions
Cited in 60 cases (9 in the last 5 years), 1999–2025 · leading case: People v. Bywater, 861 N.E.2d 989 (Ill. 2006).
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People v. Bywater, 861 N.E.2d 989 (Ill. 2006). · cites it 2× “See 735 ILCS 5/2-201(a) (West 2002); 145 Ill.”
Augutis v. United States, 732 F.3d 749 (7th Cir. 2013). “Augutis briefly suggests that his administrative claim was an “action” within the meaning of section 13-212, but that is not what the word means in this context.”
Arch Bay Holdings, LLC-Series 2010B, 2015 IL App (2d) 141117 (Ill. App. Ct. 2016). “” 735 ILCS 5/2-201(a) (West 2012). ¶ 12 Illinois Supreme Court Rule 101(a) (eff.”
Lisle Sav. Bank v. Tripp, 2021 IL App (2d) 200019 (Ill. App. Ct. 2021). · cites it 3× “Does service of summons confer to the trial court personal jurisdiction over Deanna, where her name—without her defendant status—appeared only on the service list accompanying the summons? When the summons was issued, section 2- 201 of the Code (735 ILCS 5/2-201 (West 2016))…”
Mkt. Street Bancshares, Inco v. Fed. Ins. Co., 962 F.3d 947 (7th Cir. 2020). “See 735 ILCS 5/2-201(a) (“Every action, unless otherwise expressly provided by statute, shall be commenced by the filing of a complaint.”
OneWest Bank, FSB v. Markowicz, 2012 IL App (1st) 111187 (Ill. App. Ct. 2012). · cites it 3× “in the circuit or by the chief circuit judge; (c) the GAO conflicts with the requirements for appointment of a special process server stated in section 2-202 of the Illinois Code of Civil Procedure (735 ILCS 5/2-202 (West 2010)); (d) the GAO conflicts with the requirements for…”
Memberselect Ins. Co. v. Luz, 2016 IL App (1st) 141947 (Ill. App. Ct. 2016). · cites it 2× “) 735 ILCS 5/2-201 (West 2006). ¶ 25 But how is an arbitration “commenced?” Both parties agree that a review of the arbitration provision in the policy is necessary to answer that question.”
Dolin v. SmithKline Beecham Corp., 62 F. Supp. 3d 705 (N.D. Ill. 2014). “A 1995 amendment to the Illinois Code of Civil Procedure endeavored to establish a definition of product liability actions similar to that found in Arkansas and other states.”
Carver v. Nall, 714 N.E.2d 486 (Ill. 1999). “" (Emphasis added.) 735 ILCS 5/3-103 (West 1996).”
Fischer v. Senior Living Props., L.L.C., 771 N.E.2d 505 (Ill. App. Ct. 2002). “Plaintiff relies on the fact that an action is commenced by the filing of a complaint (735 ILCS 5/2-201(a) (West 2000)), and a complaint committed to the custody and control of the circuit clerk is deemed filed ( Kelly v.”
Pfizer, Inc. v. Ricky Lott, Individually & on Behalf of All Others Similarly Situated, 417 F.3d 725 (7th Cir. 2005). “735 ILCS 5/2-201; Kohlhaas v. Morse, 36 Ill.”
U.S. Bank Nat'l Ass'n v. Johnston, 2016 IL App (2d) 150128 (Ill. App. Ct. 2016). “” 735 ILCS 5/2-201(a) (West 2008). ¶ 30 Illinois Supreme Court Rule 101(a) (eff.”
Show all 60 citing cases →
— 735 ILCS 5/2-201(a) — 30 cases
People v. Bywater, 861 N.E.2d 989 (Ill. 2006). “See 735 ILCS 5/2-201(a) (West 2002); 145 Ill.”
Augutis v. United States, 732 F.3d 749 (7th Cir. 2013). “Augutis briefly suggests that his administrative claim was an “action” within the meaning of section 13-212, but that is not what the word means in this context.”
Arch Bay Holdings, LLC-Series 2010B, 2015 IL App (2d) 141117 (Ill. App. Ct. 2016). “” 735 ILCS 5/2-201(a) (West 2012). ¶ 12 Illinois Supreme Court Rule 101(a) (eff.”
Mkt. Street Bancshares, Inco v. Fed. Ins. Co., 962 F.3d 947 (7th Cir. 2020). “See 735 ILCS 5/2-201(a) (“Every action, unless otherwise expressly provided by statute, shall be commenced by the filing of a complaint.”
Fischer v. Senior Living Props., L.L.C., 771 N.E.2d 505 (Ill. App. Ct. 2002). “Plaintiff relies on the fact that an action is commenced by the filing of a complaint (735 ILCS 5/2-201(a) (West 2000)), and a complaint committed to the custody and control of the circuit clerk is deemed filed ( Kelly v.”
— 735 ILCS 5/2-201(c) — 8 cases
Lisle Sav. Bank v. Tripp, 2021 IL App (2d) 200019 (Ill. App. Ct. 2021). “Does service of summons confer to the trial court personal jurisdiction over Deanna, where her name—without her defendant status—appeared only on the service list accompanying the summons? When the summons was issued, section 2- 201 of the Code (735 ILCS 5/2-201 (West 2016))…”
Nationstar Mortg. LLC v. Benavides, 2020 IL App (2d) 190681 (Ill. App. Ct. 2020).
Lisle Sav. Bank v. Tripp, 2021 IL App (2d) 200019 (Ill. App. Ct. 2021).
Fed. Nat'l Mortg. Ass'n v. Altamirano, 2020 IL App (2d) 190198 (Ill. App. Ct. 2020).
U.S. Bank Nat'l Ass'n v. Benavides, 2020 IL App (2d) 190681 (Ill. App. Ct. 2020).
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