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Illinois Compiled Statutes

735 ILCS 5/2-406 (2026)

Bringing in new parties - Third-party proceedings

✓ current as of May 2026
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(735 ILCS 5/2-406) (from Ch. 110, par. 2-406)
    Sec. 2-406. Bringing in new parties - Third-party proceedings. (a) If a complete determination of a controversy cannot be had without the presence of other parties, the court may direct them to be brought in. If a person, not a party, has an interest or title which the judgment may affect, the court, on application, shall direct such person to be made a party.
    (b) Within the time for filing his or her answer or thereafter by leave of court, a defendant may by third-party complaint bring in as a defendant a person not a party to the action who is or may be liable to him or her for all or part of the plaintiff's claim against him or her. Subsequent pleadings shall be filed as in the case of a complaint and with like designation and effect. The third-party defendant may assert any defenses which he or she has to the third-party complaint or which the third-party plaintiff has to the plaintiff's claim and shall have the same right to file a counterclaim or third-party complaint as any other defendant. If the plaintiff desires to assert against the third-party defendant any claim which the plaintiff might have asserted against the third-party defendant had he or she been joined originally as a defendant, the plaintiff shall do so by an appropriate pleading. When a counterclaim is filed against a party, the party may in like manner proceed against third parties. Nothing herein applies to liability insurers.
    (c) An action is commenced against a new party by the filing of an appropriate pleading or the entry of an order naming him or her a party. Service of process shall be had upon a new party in like manner as is provided for service on a defendant.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 40 cases (6 in the last 5 years), 1993–2026 · 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× “735 ILCS 5/2-405(a) (West 2020) (providing that “[a]ny person may be made a defendant who *** is alleged to have or claim an interest in the controversy” (emphasis added)); 735 ILCS 5/2-406(a) (West 2020) (providing that, “[i]f a complete determination of a controversy cannot be…”
Ponto v. Levan, 2012 IL App (2d) 110355 (Ill. App. Ct. 2012). · cites it 6× “The parties specifically ask us to determine whether: (1) under section 2-406 of the Code of Civil Procedure (Code) (735 ILCS 5/2-406 (West 2008)), the trial court erred in denying Ponto leave to amend her complaint to add the City as a direct defendant more than two years after…”
Kerschner v. Weiss & Co., 667 N.E.2d 1351 (Ill. App. Ct. 1996). · cites it 2× “2d 1269 ; 735 ILCS 5/2-406 (West 1994). Thus, Illinois law allows the third-party indemnity claim to be filed before it accrues, in order to facilitate resolution of all claims in one action.”
Health Care Serv. Corp. v. Walgreen Co., 2023 IL App (1st) 230547 (Ill. App. Ct. 2023). · cites it 2× “2d 391, 399 (2001); see 735 ILCS 5/2-406(b) (West 2020). “The purpose of this procedure is to avoid a multiplicity of litigation and to provide a means of resolving in one action an entire matter arising from a single set of facts.”
Mohica v. Cvejin, 2013 IL App (1st) 111695 (Ill. App. Ct. 2013). “” 735 ILCS 5/2-406(c) (West 2004). Pursuant to Illinois Supreme Court Rule 101, “summons shall be issued under the seal of the court, tested in the name of the clerk, and signed with his name.”
Carmichael v. Union Pac. R.R. Co., 2019 IL 123853 (Ill. 2019). “See 735 ILCS 5/2-406(b) (West 2010); People v.”
Ramsey v. Morrison, 676 N.E.2d 1304 (Ill. 1997). “The employer also asserts that, even if he was not prejudiced, dismissal was warranted because Morrison failed to offer a reasonable explanation for failing to file the third-party action against the employer earlier. We disagree.”
In Re Marriage of Vaughn, 935 N.E.2d 123 (Ill. App. Ct. 2010). “See 735 ILCS 5/2-406 (West 2006). [2] We further note that once Jill submitted Ronald's affidavit, Blue Cross definitively knew it was paying a sole proprietor.”
People Ex Rel. Idot v. Walliser, 629 N.E.2d 1189 (Ill. App. Ct. 1994). “We find that Walliser's representation during the litigation was adequate to protect the corporation's interests.”
In re Det. of Duke, 2013 IL App (1st) 121722 (Ill. App. Ct. 2014). “735 ILCS 5/2-406 (West 2012). Therefore, in addition to the reasons cited above, the trial court’s dismissal of the counterclaim, whether or not it had jurisdiction over Dr.”
Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016). “" 735 ILCS 5/2-406(a) (West 2014). Section 2-407 specifically indicates that "[n]o action shall be dismissed for misjoinder of parties, or dismissed for nonjoinder of necessary parties without first affording reasonable opportunity to add them as parties.”
Knox v. Chicago Transit Auth., 2018 IL App (1st) 162265 (Ill. App. Ct. 2018). “” The CTA contended that, “pursuant to 735 ILCS 5/2-406, a complete determination of the controversy between [p]laintiff *** and CTA cannot be had without the presence of [the Union] in the instant lawsuit.”
Show all 40 citing cases →
— 735 ILCS 5/2-406(a) — 9 cases
Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). “735 ILCS 5/2-405(a) (West 2020) (providing that “[a]ny person may be made a defendant who *** is alleged to have or claim an interest in the controversy” (emphasis added)); 735 ILCS 5/2-406(a) (West 2020) (providing that, “[i]f a complete determination of a controversy cannot be…”
People Ex Rel. Idot v. Walliser, 629 N.E.2d 1189 (Ill. App. Ct. 1994). “We find that Walliser's representation during the litigation was adequate to protect the corporation's interests.”
Lavite v. Dunstan, 2016 IL App (5th) 150401 (Ill. App. Ct. 2016). “" 735 ILCS 5/2-406(a) (West 2014). Section 2-407 specifically indicates that "[n]o action shall be dismissed for misjoinder of parties, or dismissed for nonjoinder of necessary parties without first affording reasonable opportunity to add them as parties.”
Ponto v. Levan, 2012 IL App (2d) 110355 (Ill. App. Ct. 2012). “The parties specifically ask us to determine whether: (1) under section 2-406 of the Code of Civil Procedure (Code) (735 ILCS 5/2-406 (West 2008)), the trial court erred in denying Ponto leave to amend her complaint to add the City as a direct defendant more than two years after…”
Argonaut Ins. Co. v. Safway Steel Prods., 822 N.E.2d 79 (Ill. App. Ct. 2004).
— 735 ILCS 5/2-406(b) — 20 cases
Ponto v. Levan, 2012 IL App (2d) 110355 (Ill. App. Ct. 2012). “The parties specifically ask us to determine whether: (1) under section 2-406 of the Code of Civil Procedure (Code) (735 ILCS 5/2-406 (West 2008)), the trial court erred in denying Ponto leave to amend her complaint to add the City as a direct defendant more than two years after…”
Health Care Serv. Corp. v. Walgreen Co., 2023 IL App (1st) 230547 (Ill. App. Ct. 2023). “2d 391, 399 (2001); see 735 ILCS 5/2-406(b) (West 2020). “The purpose of this procedure is to avoid a multiplicity of litigation and to provide a means of resolving in one action an entire matter arising from a single set of facts.”
Carmichael v. Union Pac. R.R. Co., 2019 IL 123853 (Ill. 2019). “See 735 ILCS 5/2-406(b) (West 2010); People v.”
Kerschner v. Weiss & Co., 667 N.E.2d 1351 (Ill. App. Ct. 1996). “2d 1269 ; 735 ILCS 5/2-406 (West 1994). Thus, Illinois law allows the third-party indemnity claim to be filed before it accrues, in order to facilitate resolution of all claims in one action.”
Ramsey v. Morrison, 676 N.E.2d 1304 (Ill. 1997). “The employer also asserts that, even if he was not prejudiced, dismissal was warranted because Morrison failed to offer a reasonable explanation for failing to file the third-party action against the employer earlier. We disagree.”
— 735 ILCS 5/2-406(c) — 1 case
Mohica v. Cvejin, 2013 IL App (1st) 111695 (Ill. App. Ct. 2013). “” 735 ILCS 5/2-406(c) (West 2004). Pursuant to Illinois Supreme Court Rule 101, “summons shall be issued under the seal of the court, tested in the name of the clerk, and signed with his name.”
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