ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-301 (2026)

Objections to jurisdiction over the person

✓ current as of May 2026
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(735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
    Sec. 2-301. Objections to jurisdiction over the person.
    (a) Prior to the filing of any other pleading or motion other than as set forth in subsection (a-6), a party may object to the court's jurisdiction over the party's person, either on the ground that the party is not amenable to process of a court of this State or on the ground of insufficiency of process or insufficiency of service of process, by filing a motion to dismiss the entire proceeding or any cause of action involved in the proceeding or by filing a motion to quash service of process. Such a motion may be made singly or included with others in a combined motion, but the parts of a combined motion must be identified in the manner described in Section 2-619.1. Unless the facts that constitute the basis for the objection are apparent from papers already on file in the case, the motion must be supported by an affidavit setting forth those facts.
    (a-5) (Blank).
    (a-6) A party filing any other pleading or motion prior to the filing of a motion objecting to the court's jurisdiction over the party's person as set forth in subsection (a) waives all objections to the court's jurisdiction over the party's person prospectively, unless the initial motion filed is one of the following:
        (1) A motion for an extension of time to answer or
    
otherwise plead.
        (2) A motion filed under Section 2-1301, 2-1401, or
    
2-1401.1.
Any motion objecting to the court's jurisdiction over the party's person as set forth in subsection (a) shall be filed within 60 days of the court's order disposing of the initial motion filed under Section 2-1301, 2-1401, or 2-1401.1. Nothing in this subsection precludes a party from filing a motion under subsection (a) combined with a motion under Section 2-1301, 2-1401, or 2-1401.1. If such a combined motion is filed, any objection to the court's jurisdiction over the party's person is not waived.
    (b) In disposing of a motion objecting to the court's jurisdiction over the person of the objecting party, the court shall consider all matters apparent from the papers on file in the case, affidavits submitted by any party, and any evidence adduced upon contested issues of fact. The court shall enter an appropriate order sustaining or overruling the objection. No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof. A decision adverse to the objector does not preclude the objector from making any motion or defense which he or she might otherwise have made.
    (c) Error in ruling against the objecting party on the objection is waived by the party's taking part in further proceedings unless the objection is on the ground that the party is not amenable to process issued by a court of this State.
(Source: P.A. 100-291, eff. 1-1-18.)


 
    (735 ILCS 5/Art. II Pt. 4 heading)
Part 4. Parties

    
Notes of Decisions
Cited in 180 cases (46 in the last 5 years), 1997–2026 · leading case: BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311 (Ill. 2014).
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BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311 (Ill. 2014). · cites it 5× “735 ILCS 5/2-301(a-5) (West 2010). The statute plainly provides that a party waives “all objections” to the court’s personal jurisdiction by filing a -8- responsive pleading or motion before challenging the court’s jurisdiction.”
BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311 (Ill. 2014). · cites it 5× “735 ILCS 5/2-301(a-5) (West 2010). The statute plainly provides that a party waives “all objections” to the court’s personal jurisdiction by filing a responsive pleading or motion before challenging the court’s jurisdiction.”
Aurora Loan Servs., LLC v. Kmiecik, 2013 IL App (1st) 121700 (Ill. App. Ct. 2013). · cites it 2× “” 735 ILCS 5/2-301(a-5) (West 2010). ¶ 18 We agree with Aurora that defendant waived his objections to the court’s personal jurisdiction over him by filing his verified answer.”
Cameron v. Owens-Corning Fiberglas Corp., 695 N.E.2d 572 (Ill. App. Ct. 1998). · cites it 4× “No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof.”
Cardenas Mktg. Network v. Pabon, 2012 IL App (1st) 111645 (Ill. App. Ct. 2012). · cites it 3× “ever, plaintiff responds that defendant has forfeited his personal jurisdiction challenge in two ways: (1) the written contracts contain a clause selecting Illinois as the forum and consenting to jurisdiction; and (2) defendant did not file a motion objecting to the trial…”
Am. Chartered Bank v. USMDS, Inc., 2013 IL App (3d) 120397 (Ill. App. Ct. 2013). · cites it 2× “” 735 ILCS 5/2-301(a-5) (West 2010). We review questions of jurisdiction de novo.”
In Re Est. of Ahern, 835 N.E.2d 95 (Ill. App. Ct. 2005). · cites it 2× “735 ILCS 5/2-301(a) (West 2002). A fundamental rule regarding personal jurisdiction and general appearance is that, unless a party makes a special appearance to object to a court's jurisdiction prior to filing any pleading or motion, any objection to personal jurisdiction is…”
Wells Fargo Bank, N.A. v. Sanders, 2015 IL App (1st) 141272 (Ill. App. Ct. 2015). · cites it 4× “735 ILCS 5/2-301 (West 2012). In fact, it expressly sets forth that a party may contest jurisdiction only “by filing a motion to dismiss the entire proceeding or any cause of action involved in the proceeding or by filing a motion to quash service of process” and that “[s]uch a…”
Russell v. SNFA, 2013 IL 113909 (Ill. 2013). “¶8 Thereafter, defendant moved to dismiss plaintiff’s claims against it for lack of in personam jurisdiction under section 2-301 of the Code of Civil Procedure (735 ILCS 5/2-301 (West 2006)).1 Specifically, defendant argued that it was not subject to personal jurisdiction in…”
Deutsche Bank Nat'l Trust Co. v. Hall-Pilate, 2011 IL App (1st) 102632 (Ill. App. Ct. 2011). · cites it 2× “” 735 ILCS 5/2-301(a), (a-5) (West 2008). ¶ 15 The cardinal rule in construing a statute, to which all others are subordinate, is to ascertain and give effect to the intent of the legislature.”
Rosestone Investments, LLC v. Garner, 2013 IL App (1st) 123422 (Ill. App. Ct. 2014). “See 735 ILCS 5/2-301(a-5) (West 2008) (when party files responsive pleading, he waives all objections to the trial court’s jurisdiction over him); Poplar Grove State Bank v.”
People v. Ocon, 2014 IL App (1st) 120912 (Ill. App. Ct. 2014). · cites it 2× “” 735 ILCS 5/2-301(a), (a-5) (West 2010). ¶ 38 The Maiden court concluded that section 2-301 required a party to explicitly waive an objection to personal jurisdiction.”
Show all 180 citing cases →
— 735 ILCS 5/2-301(a) — 76 cases
BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311 (Ill. 2014). “735 ILCS 5/2-301(a-5) (West 2010). The statute plainly provides that a party waives “all objections” to the court’s personal jurisdiction by filing a -8- responsive pleading or motion before challenging the court’s jurisdiction.”
BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311 (Ill. 2014). “735 ILCS 5/2-301(a-5) (West 2010). The statute plainly provides that a party waives “all objections” to the court’s personal jurisdiction by filing a responsive pleading or motion before challenging the court’s jurisdiction.”
In Re Est. of Ahern, 835 N.E.2d 95 (Ill. App. Ct. 2005). “735 ILCS 5/2-301(a) (West 2002). A fundamental rule regarding personal jurisdiction and general appearance is that, unless a party makes a special appearance to object to a court's jurisdiction prior to filing any pleading or motion, any objection to personal jurisdiction is…”
Deutsche Bank Nat'l Trust Co. v. Hall-Pilate, 2011 IL App (1st) 102632 (Ill. App. Ct. 2011). “” 735 ILCS 5/2-301(a), (a-5) (West 2008). ¶ 15 The cardinal rule in construing a statute, to which all others are subordinate, is to ascertain and give effect to the intent of the legislature.”
People v. Ocon, 2014 IL App (1st) 120912 (Ill. App. Ct. 2014). “” 735 ILCS 5/2-301(a), (a-5) (West 2010). ¶ 38 The Maiden court concluded that section 2-301 required a party to explicitly waive an objection to personal jurisdiction.”
— 735 ILCS 5/2-301(b) — 11 cases
Cameron v. Owens-Corning Fiberglas Corp., 695 N.E.2d 572 (Ill. App. Ct. 1998). “No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof.”
Tca Intern., Inc. v. B & B Custom Auto, 701 N.E.2d 105 (Ill. App. Ct. 1998).
Pmit Rei 2021-a LLC v. Bell, 2024 IL App (1st) 230281-U (Ill. App. Ct. 2024).
Clark Mosquito Control Prods. Inc. v. Lee Container Iowa, LLC., 2024 IL App (1st) 231302-U (Ill. App. Ct. 2024).
Coral Chem. Co. v. Calvary Indus., Inc, 2020 IL App (2d) 191115-U (Ill. App. Ct. 2020).
— 735 ILCS 5/2-301(c) — 6 cases
Cameron v. Owens-Corning Fiberglas Corp., 695 N.E.2d 572 (Ill. App. Ct. 1998). “No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof.”
Cent. Mortg. Co. v. Kamarauli, 2012 IL App (1st) 112353 (Ill. App. Ct. 2012).
Illinois Serv. Fed. Sav. & Loan Ass'n of Chicago v. Manley, 2015 IL App (1st) 143089 (Ill. App. Ct. 2015).
Greenview Gardens v. Wereko, 2022 IL App (1st) 210222-U (Ill. App. Ct. 2022).
In re Det. of Lieberman (Ill. App. Ct. 2005).
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