ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-402 (2026)

Respondents in discovery

✓ current as of May 2026
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(735 ILCS 5/2-402) (from Ch. 110, par. 2-402)
    Sec. 2-402. Respondents in discovery. The plaintiff in any civil action may designate as respondents in discovery in his or her pleading those individuals or other entities, other than the named defendants, believed by the plaintiff to have information essential to the determination of who should properly be named as additional defendants in the action.
    Persons or entities so named as respondents in discovery shall be required to respond to discovery by the plaintiff in the same manner as are defendants and may, on motion of the plaintiff, be added as defendants if the evidence discloses the existence of probable cause for such action.
    A person or entity named a respondent in discovery may upon his or her own motion be made a defendant in the action, in which case the provisions of this Section are no longer applicable to that person.
    A copy of the complaint shall be served on each person or entity named as a respondent in discovery.
    Each respondent in discovery shall be paid expenses and fees as provided for witnesses.
    A person or entity named as a respondent in discovery in any civil action may be made a defendant in the same action at any time within 6 months after being named as a respondent in discovery, even though the time during which an action may otherwise be initiated against him or her may have expired during such 6 month period. An extension from the original 6-month period for good cause may be granted only once for up to 90 days for (i) withdrawal of plaintiff's counsel or (ii) good cause. Notwithstanding the limitations in this Section, the court may grant additional reasonable extensions from this 6-month period for a failure or refusal on the part of the respondent to comply with timely filed discovery.
    The plaintiff shall serve upon the respondent or respondents a copy of the complaint together with a summons in a form substantially as follows:
 
 
"STATE OF ILLINOIS
 
COUNTY OF ..................
 
IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
(or, In the Circuit Court of the ............ Judicial Circuit)
...................
                    Plaintiff(s),
        v.                             No.
.................
.................,
                    Defendant(s),
        and                             PLEASE SERVE:
.................
.................,
        Respondent(s) in Discovery.
 
SUMMONS FOR DISCOVERY

TO RESPONDENT IN DISCOVERY:
 
    YOU ARE HEREBY NOTIFIED that on ................, 20..... , a complaint, a copy of which is attached, was filed in the above Court naming you as a Respondent in Discovery. Pursuant to the Illinois Code of Civil Procedure Section 2-402 and Supreme Court Rules 201 et. seq., and/or Court Order entered on .................................., the above named Plaintiff(s) are authorized to proceed with the discovery of the named Respondent(s) in Discovery.
 
    YOU ARE SUMMONED AND COMMANDED to appear for deposition, before a notary public (answer the attached written interrogatories), (respond to the attached request to produce), (or other appropriate discovery tool).
 
We are scheduled to take the oral discovery deposition of the above named Respondent, .................................., on ........................, 20..., at the hour of ..... a.m./p.m., at the office ..........................................., Illinois, in accordance with the rules and provisions of this Court. Witness and mileage fees in the amount of ....................... are attached (or)
 
(serve the following interrogatories, request to produce, or other appropriate discovery tool upon Respondent, ....................... to be answered under oath by Respondent, ............................, and delivered to the office of ................................., Illinois, within 28 days from date of service).
 
TO THE OFFICER/SPECIAL PROCESS SERVER:
    This summons must be returned by the officer or other person to whom it was given for service, with endorsement or affidavit of service and fees and an endorsement or affidavit of payment to the Respondent of witness and mileage fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed.
 
WITNESS, .....................
 
..............................
Clerk of Court
 
Date of Service: .........., 20...
(To be inserted by officer on copy left
with Respondent or other person)
 
Attorney No.
Name:
Attorney for:
Address:
City/State/Zip:
Telephone:".
    This amendatory Act of the 94th General Assembly applies to causes of action pending on or after its effective date.
(Source: P.A. 94-582, eff. 1-1-06.)

    
Notes of Decisions
Cited in 55 cases (13 in the last 5 years), 1993–2025 · leading case: Stone v. Paddock Publications, Inc., 961 N.E.2d 380 (Ill. App. Ct. 2011).
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Stone v. Paddock Publications, Inc., 961 N.E.2d 380 (Ill. App. Ct. 2011). · cites it 5× “In my view, the best solution to the question of the appropriate standard of proof for Rule 224 is to employ the doctrine of in pari materia and compare Rule 224 and article II, section 2-402, of the Code of Civil Procedure (Code) (735 ILCS 5/2-402 (West 2008)) because they are…”
Robinson v. Johnson, 809 N.E.2d 123 (Ill. App. Ct. 2004). · cites it 9× “183) to extend the sixmonth statutory period set forth in section 2-402 of the Code of Civil Procedure (735 ILCS 5/2-402 (West 1998) for converting respondents in discovery to defendants.”
Cleeton v. SIU Healthcare, Inc., 2023 IL 128651 (Ill. 2023). · cites it 4× “The plaintiff filed a motion pursuant to section 2-402 of the Code of Civil Procedure (Code) (735 ILCS 5/2-402 (West 2018)) to convert a respondent in discovery to a defendant.”
Maldonado v. Creative Woodworking Concepts, Inc., 694 N.E.2d 1021 (Ill. App. Ct. 1998). · cites it 3× “Creative was named as a respondent in discovery pursuant to section 2-402 of the Code of Civil Procedure (Code) (735 ILCS 5/2-402 (West 1996) on August 12, 1995).”
Bogseth v. Emanuel, 655 N.E.2d 888 (Ill. 1995). · cites it 2× “Justice HEIPLE delivered the opinion of the court: In these consolidated appeals, we are asked to determine whether a fictitious "John Doe" may properly be considered a "named defendant" under section 2-402 of the Code of Civil Procedure (735 ILCS 5/2-402 (West 1992)), the…”
Westwood Constr. Grp., Inc. v. Irus Prop., LLC, 2016 IL App (1st) 142490 (Ill. App. Ct. 2016). · cites it 6× “In plaintiffs’ amended complaint, R&C, Martin, and Continuum were not named as defendants but rather they were designated as respondents in discovery pursuant to section 2-402 of the Code of Civil Procedure (735 ILCS 5/2-402 (West 2012)). R&C, Martin and Continuum filed motions…”
Santiago v. E.W. Bliss Co., 2012 IL 111792 (Ill. 2012). · cites it 2× “The “John Doe” named there as a respondent in discovery under section 2- 402 of the Code of Civil Procedure (735 ILCS 5/2-402 (West 1992)) was not a living, breathing person.”
Torrijos v. Int'l Paper Co., 2021 IL App (2d) 191150 (Ill. App. Ct. 2021). · cites it 5× “” 735 ILCS 5/2-402 (West 2016). The evidence necessary to establish the requisite probable cause to convert a respondent in discovery to a defendant is that which “would lead a person of ordinary caution and prudence to believe or entertain an honest and strong suspicion that…”
Westwood Constr. Grp., Inc. v. Irus Prop., LLC, 2016 IL App (1st) 142490 (Ill. App. Ct. 2016). · cites it 5× “In plaintiffs’ amended complaint, R&C, Martin, and Continuum were not named as defendants but rather they were designated as respondents in discovery pursuant to section 2-402 of the Code of Civil Procedure (735 ILCS 5/2-402 (West 2012)). R&C, Martin, and Continuum filed motions…”
Rathje v. Horlbeck Capital Mgmt., 2014 IL App (2d) 140682 (Ill. App. Ct. 2014). · cites it 7× “In the suit, plaintiff named Cantella a respondent in discovery pursuant to section 2-402 of the Code of Civil Procedure (Code) (735 ILCS 5/2-402 (West 2010)). With respect to the Horlbeck defendants, plaintiff alleged breach of contract, breach of fiduciary duty, fraudulent…”
Hadley v. Doe, 2014 IL App (2d) 130489 (Ill. App. Ct. 2014). · cites it 3× “¶ 64 A consideration of the dissent’s position requires a discussion of Rule 224 and its counterpart, section 2-402 of the Code (735 ILCS 5/2-402 (West 2012)), which is known as the “respondents in discovery” statute.”
Clemens v. Greenberg, 2022 IL App (1st) 201129 (Ill. App. Ct. 2022). · cites it 2× “Section 2-402 of the Code of Civil Procedure (Code) (735 ILCS 5/2-402 (West 2018)) allows a plaintiff to name as respondents in discovery those persons or entities whose culpability cannot be determined when the complaint is filed.”
Show all 55 citing cases →
— 735 ILCS 5/2-402(c) — 1 case
Joseph T. Ryerson & Son, Inc. v. Travelers Indem. Co. of Am., 2020 IL App (1st) 182491-U (Ill. App. Ct. 2020).
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