ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-408 (2026)

Intervention

✓ current as of May 2026
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(735 ILCS 5/2-408) (from Ch. 110, par. 2-408)
    Sec. 2-408. Intervention. (a) Upon timely application anyone shall be permitted as of right to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the representation of the applicant's interest by existing parties is or may be inadequate and the applicant will or may be bound by an order or judgment in the action; or (3) when the applicant is so situated as to be adversely affected by a distribution or other disposition of property in the custody or subject to the control or disposition of the court or a court officer.
    (b) Upon timely application anyone may in the discretion of the court be permitted to intervene in an action: (1) when a statute confers a conditional right to intervene; or (2) when an applicant's claim or defense and the main action have a question of law or fact in common.
    (c) In all cases involving the validity of a constitutional provision, statute or regulation of this State and affecting the public interest, the State upon timely application may in the discretion of the court be permitted to intervene.
    (d) In all cases involving the validity of an ordinance or regulation of a municipality or governmental subdivision of this State and affecting the public interest, the municipality or governmental subdivision upon timely application may in the discretion of the court be permitted to intervene.
    (e) A person desiring to intervene shall present a petition setting forth the grounds for intervention, accompanied by the initial pleading or motion which he or she proposes to file. In cases in which the allowance of intervention is discretionary, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
    (f) An intervenor shall have all the rights of an original party, except that the court may in its order allowing intervention, whether discretionary or a matter of right, provide that the applicant shall be bound by orders or judgments, theretofore entered or by evidence theretofore received, that the applicant shall not raise issues which might more properly have been raised at an earlier stage of the proceeding, that the applicant shall not raise new issues or add new parties, or that in other respects the applicant shall not interfere with the control of the litigation, as justice and the avoidance of undue delay may require.
(Source: P.A. 82-783.)

    
Notes of Decisions
Cited in 120 cases (38 in the last 5 years), 1995–2026 · leading case: Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008).
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Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). · cites it 19× “OPINION Justice KARMEIER delivered the judgment of the court, with opinion: The issue in this case is whether taxing districts have the right to petition for leave to intervene in real estate tax objection cases filed by taxpayers in the circuit court of Cook County pursuant to…”
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2017). · cites it 9× “1) and section 2-408 of the Code (735 ILCS 5/2-408 (West 2012)) govern the standing issue, while the State and defendant argue that section 2-702 of the Code applies.”
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2016). · cites it 5× “I, § 8-1 and section 2-408 (735 ILCS 5/2-408 (West 2012))14 provide her with standing.”
A&R Janitorial v.Pepper Constr. Co., 2018 IL 123220 (Ill. 2018). · cites it 3× “Next, the court held that, since section 5(b) of the Workers' Compensation Act was silent with respect to an employee's right to intervene in her employer's action, section 2-408 of the Code of Civil Procedure ( 735 ILCS 5/2-408 (West 2014) ) governed Mroczko's petition.”
Black v. Black, 2024 IL App (1st) 221667 (Ill. App. Ct. 2024). · cites it 6× “The petition to intervene sought leave to intervene as a matter of right, pursuant to section 2-408(a) (735 ILCS 5/2-408(a) (West 2022)) or, in the alternative, by permission, pursuant to section 2-408(b)(2) (735 ILCS 5/2-408(b)(2) (West 2022)).”
Madison Two Assocs. v. Pappas, 862 N.E.2d 1184 (Ill. App. Ct. 2007). · cites it 6× “735 ILCS 5/2-408(a)(2), (a)(3) (West 2002).”
Rozsavolgyi v. The City of Aurora, 2017 IL 121048 (Ill. 2017). “735 ILCS 5/2-408(a)(2) (West 2014). ¶ 2 BACKGROUND ¶ 3 Rozsavolgyi's claims are brought under the provisions of the Human Rights Act.”
Price v. Philip Morris, Inc., 848 N.E.2d 1 (Ill. 2006). “735 ILCS 5/2-408 (West 2002). We now reverse the judgment of the circuit court on the basis that this action is barred by section 10b(1) of the Consumer Fraud Act (815 ILCS 505/10b(1) (West 2000)).”
Sundance Homes, Inc. v. Cnty. of Du Page, 746 N.E.2d 254 (Ill. 2001). “As the county points out, the Code of Civil Procedure provides the means by which additional parties may be joined in a pending action (735 ILCS 5/2-404 (West 1998)), those interested in the outcome may intervene (735 ILCS 5/2-408 (West 1998)), and a single party may represent a…”
In re the Marriage of Pal, 924 N.E.2d 30 (Ill. App. Ct. 2010). · cites it 3× “In May 2006, Gudgel filed a petition to intervene pursuant to section 2-408 of the Code of Civil Procedure (Code) (735 ILCS 5/2-408 (West 2006)). Gudgel alleged he had a real interest in the outcome of the litigation because the court's judgment could impair his ability to…”
Haage v. Zavala, 2021 IL 125918 (Ill. 2021). “See 735 ILCS 5/2-408(a)(2) (West 2018). State Farm maintained that it was the casualty and liability insurer for at least one of the defendants in the Haage lawsuit and for defendant Starcevic in the Surlock lawsuit.”
In Re Est. of Mueller, 655 N.E.2d 1040 (Ill. App. Ct. 1995). · cites it 3× “A party is allowed to intervene as of right when a statute confers the unconditional right to intervene, when a party who will be bound by an order or judgment in the action will not be adequately represented by existing parties, or when a party will be adversely affected by the…”
Show all 120 citing cases →
— 735 ILCS 5/2-408(a) — 32 cases
Black v. Black, 2024 IL App (1st) 221667 (Ill. App. Ct. 2024). “The petition to intervene sought leave to intervene as a matter of right, pursuant to section 2-408(a) (735 ILCS 5/2-408(a) (West 2022)) or, in the alternative, by permission, pursuant to section 2-408(b)(2) (735 ILCS 5/2-408(b)(2) (West 2022)).”
Pate v. Wiseman, 2019 IL App (1st) 190449 (Ill. App. Ct. 2019).
Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). “OPINION Justice KARMEIER delivered the judgment of the court, with opinion: The issue in this case is whether taxing districts have the right to petition for leave to intervene in real estate tax objection cases filed by taxpayers in the circuit court of Cook County pursuant to…”
In Re Est. of Mueller, 655 N.E.2d 1040 (Ill. App. Ct. 1995). “A party is allowed to intervene as of right when a statute confers the unconditional right to intervene, when a party who will be bound by an order or judgment in the action will not be adequately represented by existing parties, or when a party will be adversely affected by the…”
A&R Janitorial v.Pepper Constr. Co., 2018 IL 123220 (Ill. 2018). “Next, the court held that, since section 5(b) of the Workers' Compensation Act was silent with respect to an employee's right to intervene in her employer's action, section 2-408 of the Code of Civil Procedure ( 735 ILCS 5/2-408 (West 2014) ) governed Mroczko's petition.”
— 735 ILCS 5/2-408(a)(1) — 2 cases
Burdess v. Cottrell, Inc., 2020 IL App (5th) 190279 (Ill. App. Ct. 2020).
Burdess v. Cottrell, Inc., 2020 IL App (5th) 190279 (Ill. App. Ct. 2020).
— 735 ILCS 5/2-408(a)(2) — 34 cases
Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). “OPINION Justice KARMEIER delivered the judgment of the court, with opinion: The issue in this case is whether taxing districts have the right to petition for leave to intervene in real estate tax objection cases filed by taxpayers in the circuit court of Cook County pursuant to…”
Rozsavolgyi v. The City of Aurora, 2017 IL 121048 (Ill. 2017). “735 ILCS 5/2-408(a)(2) (West 2014). ¶ 2 BACKGROUND ¶ 3 Rozsavolgyi's claims are brought under the provisions of the Human Rights Act.”
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2017). “1) and section 2-408 of the Code (735 ILCS 5/2-408 (West 2012)) govern the standing issue, while the State and defendant argue that section 2-702 of the Code applies.”
Haage v. Zavala, 2021 IL 125918 (Ill. 2021). “See 735 ILCS 5/2-408(a)(2) (West 2018). State Farm maintained that it was the casualty and liability insurer for at least one of the defendants in the Haage lawsuit and for defendant Starcevic in the Surlock lawsuit.”
Madison Two Assocs. v. Pappas, 862 N.E.2d 1184 (Ill. App. Ct. 2007). “735 ILCS 5/2-408(a)(2), (a)(3) (West 2002).”
— 735 ILCS 5/2-408(a)(3) — 4 cases
Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). “OPINION Justice KARMEIER delivered the judgment of the court, with opinion: The issue in this case is whether taxing districts have the right to petition for leave to intervene in real estate tax objection cases filed by taxpayers in the circuit court of Cook County pursuant to…”
Madison Two Assocs. v. Pappas, 862 N.E.2d 1184 (Ill. App. Ct. 2007). “735 ILCS 5/2-408(a)(2), (a)(3) (West 2002).”
M&J Asphalt Paving Co., Inc. v. First Midwest Bank, 2025 IL App (1st) 240589-U (Ill. App. Ct. 2025).
Madison Two Assoc v. Pappas (Ill. App. Ct. 2007).
— 735 ILCS 5/2-408(a)(b) — 1 case
In the Interest of V.M.L., 2024 IL App (1st) 240413-U (Ill. App. Ct. 2024).
— 735 ILCS 5/2-408(b) — 19 cases
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2016). “I, § 8-1 and section 2-408 (735 ILCS 5/2-408 (West 2012))14 provide her with standing.”
Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). “OPINION Justice KARMEIER delivered the judgment of the court, with opinion: The issue in this case is whether taxing districts have the right to petition for leave to intervene in real estate tax objection cases filed by taxpayers in the circuit court of Cook County pursuant to…”
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2017). “1) and section 2-408 of the Code (735 ILCS 5/2-408 (West 2012)) govern the standing issue, while the State and defendant argue that section 2-702 of the Code applies.”
In Re Est. of Mueller, 655 N.E.2d 1040 (Ill. App. Ct. 1995). “A party is allowed to intervene as of right when a statute confers the unconditional right to intervene, when a party who will be bound by an order or judgment in the action will not be adequately represented by existing parties, or when a party will be adversely affected by the…”
Black v. Black, 2024 IL App (1st) 221667 (Ill. App. Ct. 2024). “The petition to intervene sought leave to intervene as a matter of right, pursuant to section 2-408(a) (735 ILCS 5/2-408(a) (West 2022)) or, in the alternative, by permission, pursuant to section 2-408(b)(2) (735 ILCS 5/2-408(b)(2) (West 2022)).”
— 735 ILCS 5/2-408(b)(2) — 3 cases
Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). “OPINION Justice KARMEIER delivered the judgment of the court, with opinion: The issue in this case is whether taxing districts have the right to petition for leave to intervene in real estate tax objection cases filed by taxpayers in the circuit court of Cook County pursuant to…”
Black v. Black, 2024 IL App (1st) 221667 (Ill. App. Ct. 2024). “The petition to intervene sought leave to intervene as a matter of right, pursuant to section 2-408(a) (735 ILCS 5/2-408(a) (West 2022)) or, in the alternative, by permission, pursuant to section 2-408(b)(2) (735 ILCS 5/2-408(b)(2) (West 2022)).”
Hope Clinic for Women Ltd. v. Adams, 955 N.E.2d 511 (Ill. App. Ct. 2011).
— 735 ILCS 5/2-408(c) — 2 cases
Walker v. McGuire, 2015 IL 117138 (Ill. 2015).
Walker v. People ex rel. Madigan, 2015 IL 117138 (Ill. 2015).
— 735 ILCS 5/2-408(d) — 3 cases
A&R Janitorial v. Pepper Constr. Co., 2017 IL App (1st) 170385 (Ill. App. Ct. 2017).
A&R Janitorial v. Pepper Constr. Co., 2017 IL App (1st) 170385 (Ill. App. Ct. 2018).
A&R Janitorial v. Pepper Constr. Co., 2017 IL App (1st) 170385 (Ill. App. Ct. 2018).
— 735 ILCS 5/2-408(e) — 6 cases
Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). “OPINION Justice KARMEIER delivered the judgment of the court, with opinion: The issue in this case is whether taxing districts have the right to petition for leave to intervene in real estate tax objection cases filed by taxpayers in the circuit court of Cook County pursuant to…”
Kissoon v. Vlcek, 2022 IL App (1st) 210488 (Ill. App. Ct. 2022).
A&R Janitorial v. Pepper Constr. Co., 2017 IL App (1st) 170385 (Ill. App. Ct. 2018).
In the Interest of V.M.L., 2024 IL App (1st) 240413-U (Ill. App. Ct. 2024).
U.S. Bank Trust Nat'l Ass'n v. Woodward, 2025 IL App (5th) 250019-U (Ill. App. Ct. 2025).
— 735 ILCS 5/2-408(f) — 18 cases
Madison Two Assocs. v. Pappas, 884 N.E.2d 142 (Ill. 2008). “OPINION Justice KARMEIER delivered the judgment of the court, with opinion: The issue in this case is whether taxing districts have the right to petition for leave to intervene in real estate tax objection cases filed by taxpayers in the circuit court of Cook County pursuant to…”
A&R Janitorial v.Pepper Constr. Co., 2018 IL 123220 (Ill. 2018). “Next, the court held that, since section 5(b) of the Workers' Compensation Act was silent with respect to an employee's right to intervene in her employer's action, section 2-408 of the Code of Civil Procedure ( 735 ILCS 5/2-408 (West 2014) ) governed Mroczko's petition.”
Kristen B. v. Dep't of Child. & Fam. Servs., 2022 IL App (1st) 200754 (Ill. App. Ct. 2022).
Schittino v. Vill. of Niles, 2024 IL App (1st) 230926 (Ill. App. Ct. 2024).
A&R Janitorial v. Pepper Constr. Co., 2018 IL 123220 (Ill. 2019).
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