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Illinois Compiled Statutes

735 ILCS 5/2-401 (2026)

Designation of parties - Misnomer

✓ current as of May 2026
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(735 ILCS 5/2-401) (from Ch. 110, par. 2-401)
    Sec. 2-401. Designation of parties - Misnomer. (a) The party commencing an action shall be called the plaintiff. The adverse party shall be called the defendant.
    (b) Misnomer of a party is not a ground for dismissal but the name of any party may be corrected at any time, before or after judgment, on motion, upon any terms and proof that the court requires.
    (c) A party shall set forth in the body of his or her pleading the names of all parties for and against whom relief is sought thereby.
    (d) Unless a contrary meaning is indicated, wherever used in this Act and in rules adopted pursuant hereto the term "plaintiff" includes counterclaimants and third-party plaintiffs, and the term "defendant" includes third-party defendants and parties against whom relief is sought by counterclaim.
    (e) Upon application and for good cause shown the parties may appear under fictitious names.
(Source: P.A. 85-907.)

    
Notes of Decisions
Cited in 66 cases (17 in the last 5 years), 1994–2026 · leading case: Santiago v. E.W. Bliss Co., 2012 IL 111792 (Ill. 2012).
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Santiago v. E.W. Bliss Co., 2012 IL 111792 (Ill. 2012). · cites it 13× “¶ 10 The appellate court held that, “when an injured plaintiff intentionally files a complaint using a fictitious name, without leave of court to use the fictitious name pursuant to section 2-401 of the Code of Civil Procedure (735 ILCS 5/2-401 (West 2008)), the circuit court…”
Barragan v. Casco Design Corp., 837 N.E.2d 16 (Ill. 2005). · cites it 2× “Specifically, it provides that "[u]nless a contrary meaning is indicated, wherever used in this Act and in rules *22 adopted pursuant hereto the term `plaintiff' includes counterclaimants and third-party plaintiffs, and the term `defendant' includes third-party defendants and…”
Asher Farm Ltd. P'ship v. Wolsfeld, 2022 IL App (2d) 220072 (Ill. App. Ct. 2022). · cites it 2× “Plaintiff contended its misidentification of itself as the plaintiff was a misnomer and, under sections 2-401, 2-616(a), and 2-1005(g) of the Code (735 ILCS 5/2-401, 2-616(a), 2-1005(g) (West 2020)), it was entitled to correct it at any time before final judgment.”
Byrd-Tolson v. Supervalu, Inc., 500 F. Supp. 2d 962 (N.D. Ill. 2007). · cites it 2× “) Second, Plaintiff states that, “[ajpplying Illinois law this Honorable Court must consider 735 ILCS 5/2-401(b) which reads in principal part ‘Misnomer of a party is not grounds for dismissal, but *967 the name of any party may be corrected at any time .”
Strauss v. City of Chicago, 2022 IL 127149 (Ill. 2022). “See 735 ILCS 5/2-401(b) (West 2016). However, it is also possible that plaintiffs made a mistake, which usually occurs when the wrong party is named and served.”
U.S. Bank Nat'l Ass'n v. Johnston, 2016 IL App (2d) 150128 (Ill. App. Ct. 2016). · cites it 2× “Smith contends that any misnomer relative to the identity of the holder of the - 13 - 2016 IL App (2d) 150128 BNC note and mortgage in the pleadings, motions, and orders filed in the VCB foreclosure action is correctable pursuant to section 401(b) of the Code (735 ILCS…”
Retzler v. Pratt & Whitney Co., 723 N.E.2d 345 (Ill. App. Ct. 1999). · cites it 2× “735 ILCS 5/2-401, 2-616(d) (West 1996). On October 2, 1996, P & W Canada's motion to dismiss was granted with prejudice.”
Gassman v. The Clerk of the Circuit Court of Cook Cnty., 2017 IL App (1st) 151738 (Ill. App. Ct. 2017). “735 ILCS 5/2-401(e) (West 2014) (parties may only appear under fictitious names “[u]pon application and for good cause shown”).”
Shaifer v. Folino, 650 N.E.2d 594 (Ill. App. Ct. 1995). · cites it 2× “Presiding Justice McNAMARA delivered the opinion of the court: Plaintiffs, Marylynn Shaifer and Rafael Estrada, appeal from an order of the circuit court of Cook County denying their motion to amend their complaint to correct the name of the defendant pursuant to the misnomer…”
Nancy Arendt, Indep. Adm'r of the Est. of Michael Arendt, Deceased v. Vetta Sports, Inc., 99 F.3d 231 (7th Cir. 1996). “We address each of her arguments in turn. II. Arendt first argues that the naming of SRL instead of Vetta Sports was a case of “misnomer.”
Odle v. The Dep't of State Police, 2015 IL App (5th) 140274 (Ill. App. Ct. 2015). “See 735 ILCS 5/2-401(b) (West 2012). We are not persuaded.”
Strauss v. City of Chicago, 2021 IL App (1st) 191977 (Ill. App. Ct. 2021). “A misnomer may be corrected at any time (735 ILCS 5/2-401(b) (West 2016)). However, another possibility is that plaintiff made a mistake, which occurs when the wrong person (or entity in this case) was joined and served.”
Show all 66 citing cases →
— 735 ILCS 5/2-401(a) — 3 cases
Hursey v. Calhoun, 2020 IL App (5th) 190276 (Ill. App. Ct. 2020).
Westwood Constr. Grp., Inc. v. Irus Prop., LLC, 2016 IL App (1st) 142490 (Ill. App. Ct. 2016).
Hursey v. Calhoun, 2020 IL App (5th) 190276 (Ill. App. Ct. 2020).
— 735 ILCS 5/2-401(b) — 37 cases
Santiago v. E.W. Bliss Co., 2012 IL 111792 (Ill. 2012). “¶ 10 The appellate court held that, “when an injured plaintiff intentionally files a complaint using a fictitious name, without leave of court to use the fictitious name pursuant to section 2-401 of the Code of Civil Procedure (735 ILCS 5/2-401 (West 2008)), the circuit court…”
Byrd-Tolson v. Supervalu, Inc., 500 F. Supp. 2d 962 (N.D. Ill. 2007). “) Second, Plaintiff states that, “[ajpplying Illinois law this Honorable Court must consider 735 ILCS 5/2-401(b) which reads in principal part ‘Misnomer of a party is not grounds for dismissal, but *967 the name of any party may be corrected at any time .”
Strauss v. City of Chicago, 2022 IL 127149 (Ill. 2022). “See 735 ILCS 5/2-401(b) (West 2016). However, it is also possible that plaintiffs made a mistake, which usually occurs when the wrong party is named and served.”
U.S. Bank Nat'l Ass'n v. Johnston, 2016 IL App (2d) 150128 (Ill. App. Ct. 2016). “Smith contends that any misnomer relative to the identity of the holder of the - 13 - 2016 IL App (2d) 150128 BNC note and mortgage in the pleadings, motions, and orders filed in the VCB foreclosure action is correctable pursuant to section 401(b) of the Code (735 ILCS…”
Asher Farm Ltd. P'ship v. Wolsfeld, 2022 IL App (2d) 220072 (Ill. App. Ct. 2022). “Plaintiff contended its misidentification of itself as the plaintiff was a misnomer and, under sections 2-401, 2-616(a), and 2-1005(g) of the Code (735 ILCS 5/2-401, 2-616(a), 2-1005(g) (West 2020)), it was entitled to correct it at any time before final judgment.”
— 735 ILCS 5/2-401(c) — 13 cases
Vill. of Riverdale v. Nosmo Kings, 2023 IL App (1st) 221380 (Ill. App. Ct. 2023).
Ap v. Mee, 821 N.E.2d 1238 (Ill. App. Ct. 2004).
Westwood Constr. Grp., Inc. v. Irus Prop., LLC, 2016 IL App (1st) 142490 (Ill. App. Ct. 2016).
Westwood Constr. Grp., Inc. v. Irus Prop., LLC, 2016 IL App (1st) 142490 (Ill. App. Ct. 2016).
Doe v. Readey, 2023 IL App (1st) 230867 (Ill. App. Ct. 2023).
— 735 ILCS 5/2-401(d) — 6 cases
Barragan v. Casco Design Corp., 837 N.E.2d 16 (Ill. 2005). “Specifically, it provides that "[u]nless a contrary meaning is indicated, wherever used in this Act and in rules *22 adopted pursuant hereto the term `plaintiff' includes counterclaimants and third-party plaintiffs, and the term `defendant' includes third-party defendants and…”
Ponto v. Levan, 2012 IL App (2d) 110355 (Ill. App. Ct. 2012).
O'Gorman v. City of Chicago, 958 F. Supp. 2d 928 (D. Ill. 2013).
Shadid v. Beverly Sims, 2015 IL App (1st) 141973 (Ill. App. Ct. 2015).
Shadid v. Beverly Sims, 2015 IL App (1st) 141973 (Ill. App. Ct. 2015).
— 735 ILCS 5/2-401(e) — 11 cases
Santiago v. E.W. Bliss Co., 2012 IL 111792 (Ill. 2012). “¶ 10 The appellate court held that, “when an injured plaintiff intentionally files a complaint using a fictitious name, without leave of court to use the fictitious name pursuant to section 2-401 of the Code of Civil Procedure (735 ILCS 5/2-401 (West 2008)), the circuit court…”
Gassman v. The Clerk of the Circuit Court of Cook Cnty., 2017 IL App (1st) 151738 (Ill. App. Ct. 2017). “735 ILCS 5/2-401(e) (West 2014) (parties may only appear under fictitious names “[u]pon application and for good cause shown”).”
Doe No. 1 v. Nw. Mem'l Hosp., 2014 IL App (1st) 140212 (Ill. App. Ct. 2014).
Gassman v. Clerk of the Circuit Court of Cook Cnty., 2017 IL App (1st) 151738 (Ill. App. Ct. 2017).
Ap v. Mee, 821 N.E.2d 1238 (Ill. App. Ct. 2004).
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