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Illinois Compiled Statutes

735 ILCS 5/2-405 (2026)

Joinder of defendants

✓ current as of May 2026
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(735 ILCS 5/2-405) (from Ch. 110, par. 2-405)
    Sec. 2-405. Joinder of defendants. (a) Any person may be made a defendant who, either jointly, severally or in the alternative, is alleged to have or claim an interest in the controversy, or in any part thereof, or in the transaction or series of transactions out of which the controversy arose, or whom it is necessary to make a party for the complete determination or settlement of any question involved therein, or against whom a liability is asserted either jointly, severally or in the alternative arising out of the same transaction or series of transactions, regardless of the number of causes of action joined.
    (b) It is not necessary that each defendant be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him or her; but the court may make any order that may be just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which such defendant may have no interest.
    (c) If the plaintiff is in doubt as to the person from whom he or she is entitled to redress, he or she may join two or more defendants, and state his or her claim against them in the alternative in the same count or plead separate counts in the alternative against different defendants, to the intent that the question which, if any, of the defendants is liable, and to what extent, may be determined as between the parties.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1998–2022 · leading case: Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022).
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Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). · cites it 2× “Citing sections 2-405 and 2-406 of the Code (735 ILCS 5/2-405, 2-406 (West 2020)), plaintiff argued that the Ombudsman was a necessary party because she was “threatening sanctions” against plaintiff for not completing the Conflict-of-Interest Form.”
United Cmty. Bank v. Prairie State Bank & Trust, 2012 IL App (4th) 110973 (Ill. App. Ct. 2012). “The only authority that plaintiffs offer in support of this argument is the following language from section 2-405(a) of the Code of Civil Procedure (735 ILCS 5/2-405(a) (West 2010)): “Any person may be made a defendant *** against whom a liability is asserted either jointly,…”
Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016). “Additionally, had the defendants truly believed that the Madison VAC was a necessary party, they could have added the Madison VAC under section 2-405 of the Code (735 ILCS 5/2-405 (West 2014)).”
Cook v. AAA Life Ins. Co., 2014 IL App (1st) 123700 (Ill. App. Ct. 2014). “¶ 35 The Code of Civil Procedure provides that any person may be made a defendant who is alleged to have a claim or interest in the controversy or transaction out of which the controversy arose, or whom it is necessary to join for the complete determination of any question…”
Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016). “Additionally, had the defendants truly believed that the Madison VAC was a necessary party, they could have added the Madison VAC under section 2-405 of the Code (735 ILCS 5/2-405 (West 2014)). Thus, even if the Madison VAC were a necessary party, the court should have granted…”
In Re Cma, 715 N.E.2d 674 (Ill. App. Ct. 1999). “This order further explained that FRC was added as a "necessary" party and cited sections 2-405, 2-406, 2-407, and 2-408 of the Code of Civil Procedure (735 ILCS 5/2-405, 2-406, 2-407, and 2-408 (West 1996)).”
Wilder Chiropractic, Inc. v. State Farm Fire & Cas. Co., 2014 IL App (2d) 130781 (Ill. App. Ct. 2014). “¶ 18 Third, State Farm contended that dismissal was required under section 2-405 of the Code (735 ILCS 5/2-405 (West 2012)) because plaintiff failed to join a necessary party, WRT, the sole named insured under the Policy.”
Bolden v. Summers, 181 F. Supp. 2d 951 (N.D. Ill. 2002). “The Fund argues that it is just a regular defendant, joined by the plaintiff under 735 ILCS 5/2-405, and I agree. Here the claim against the Fund was filed by the plaintiff, not by Summers, so it cannot be a cross complaint, see supra, and the plaintiff is the insured under the…”
Wilder Chiropractic, Inc. v. State Farm Fire & Cas. Co., 2014 IL App (2d) 130781 (Ill. App. Ct. 2014). “-5- 2014 IL App (2d) 130781 ¶ 18 Third, State Farm contended that dismissal was required under section 2-405 of the Code (735 ILCS 5/2-405 (West 2012)) because plaintiff failed to join a necessary party, WRT, the sole named insured under the Policy.”
Pekin Ins. Co. v. Rada Dev., LLC, 2014 IL App (1st) 133947 (Ill. App. Ct. 2014). “For instance, a party who declines to join a lawsuit may be made a defendant (735 ILCS 5/2-404 (West 2012)); a party deemed necessary to a complete determination of any question raised in controversy may be joined (735 ILCS 5/2-405(a) (West 2012)); and, the trial court may, sua…”
Pekin Ins. Co. v. Rada Dev., LLC, 2014 IL App (1st) 133947 (Ill. App. Ct. 2014). “For instance, a party who declines to join a lawsuit may be made a defendant (735 ILCS 5/2-404 (West 2012)); a party deemed necessary to a complete determination of any question raised in controversy may be joined (735 ILCS 5/2-405(a) (West 2012); and, the trial court may, sua…”
Harms v. Bierman (Ill. App. Ct. 2005). · cites it 3× “That question is answered by section 2-405 of the Civil Practice Law (735 ILCS 5/2-405 (West 2002)), which reads, in pertinent part, as follows: "A ny person may be made a defendant who, either jointly, severally or in the alternative, is alleged to have or claim an interest in…”
Show all 15 citing cases →
— 735 ILCS 5/2-405(a) — 7 cases
Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). “Citing sections 2-405 and 2-406 of the Code (735 ILCS 5/2-405, 2-406 (West 2020)), plaintiff argued that the Ombudsman was a necessary party because she was “threatening sanctions” against plaintiff for not completing the Conflict-of-Interest Form.”
United Cmty. Bank v. Prairie State Bank & Trust, 2012 IL App (4th) 110973 (Ill. App. Ct. 2012). “The only authority that plaintiffs offer in support of this argument is the following language from section 2-405(a) of the Code of Civil Procedure (735 ILCS 5/2-405(a) (West 2010)): “Any person may be made a defendant *** against whom a liability is asserted either jointly,…”
Cook v. AAA Life Ins. Co., 2014 IL App (1st) 123700 (Ill. App. Ct. 2014). “¶ 35 The Code of Civil Procedure provides that any person may be made a defendant who is alleged to have a claim or interest in the controversy or transaction out of which the controversy arose, or whom it is necessary to join for the complete determination of any question…”
Pekin Ins. Co. v. Rada Dev., LLC, 2014 IL App (1st) 133947 (Ill. App. Ct. 2014). “For instance, a party who declines to join a lawsuit may be made a defendant (735 ILCS 5/2-404 (West 2012)); a party deemed necessary to a complete determination of any question raised in controversy may be joined (735 ILCS 5/2-405(a) (West 2012)); and, the trial court may, sua…”
Pekin Ins. Co. v. Rada Dev., LLC, 2014 IL App (1st) 133947 (Ill. App. Ct. 2014). “For instance, a party who declines to join a lawsuit may be made a defendant (735 ILCS 5/2-404 (West 2012)); a party deemed necessary to a complete determination of any question raised in controversy may be joined (735 ILCS 5/2-405(a) (West 2012); and, the trial court may, sua…”
— 735 ILCS 5/2-405(c) — 1 case
Safeway Ins. Co. v. Daddono (Ill. App. Ct. 2002).
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