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Illinois Compiled Statutes

735 ILCS 5/2-602 (2026)

Designation and order of pleadings

✓ current as of May 2026
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(735 ILCS 5/2-602) (from Ch. 110, par. 2-602)
    Sec. 2-602. Designation and order of pleadings. The first pleading by the plaintiff shall be designated a complaint. The first pleading by the defendant shall be designated an answer. If new matter by way of defense is pleaded in the answer, a reply shall be filed by the plaintiff, but the filing of a reply is not an admission of the legal sufficiency of the new matter. Further pleadings may be permitted as required by the court.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 2003–2024 · leading case: Wilson v. Quinn, 2013 IL App (5th) 120337 (Ill. App. Ct. 2014).
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Wilson v. Quinn, 2013 IL App (5th) 120337 (Ill. App. Ct. 2014). “735 ILCS 5/2-602 (West 2008). In considering the sufficiency of a complaint, a court will liberally construe the pleadings, accepting all well- pleaded facts as true, and it will not dismiss a complaint where a set of facts, if proved, would entitle the plaintiff to relief.”
Filmore v. Walker, 2013 IL App (4th) 120533 (Ill. App. Ct. 2013). “¶ 28 Generally, it is true that, if a defendant has an affirmative defense, the defendant must plead it as an affirmative defense (735 ILCS 5/2-602, 2-613(d) (West 2008)) on pain of forfeiting it.”
Reverse Mortg. Funding, LLC v. Catchins, 2023 IL App (1st) 221197 (Ill. App. Ct. 2023). “” 735 ILCS 5/2-602 (West 2018). ¶ 13 Three days later, during the time allotted for the defendants to respond to the summary judgment motion, Reverse Mortgage moved to strike the amended affirmative defense pursuant to section 2-615 of the Code (id.”
Schittino v. Vill. of Niles, 2024 IL App (1st) 230926 (Ill. App. Ct. 2024). “See 735 ILCS 5/2-602 (West 2022) (“If new matter by way of defense is pleaded in the answer, a reply shall be filed by the plaintiff ***.”
People Ex Rel. Ballard v. Niekamp, 961 N.E.2d 288 (Ill. App. Ct. 2011). “He bases this argument on plaintiff's alleged failure to respond to the affirmative defenses he raised in his answer to the quo warranto complaint.”
Crawford Cnty. Oil, LLC v. Weger, 2014 IL App (5th) 130382 (Ill. App. Ct. 2014). “See 735 ILCS 5/2-602, 2-603 (West 2012). In addition, the complaint in this case was verified pursuant to section 2-605 of the Code (735 ILCS 5/2-605 (West 2012)), and as such, any subsequent pleadings are to be verified pursuant to that section.”
Crawford Cnty. Oil, LLC v. Weger, 2014 IL App (5th) 130382 (Ill. App. Ct. 2014). “See 735 ILCS 5/2-602, 2-603 (West 2012). In addition, the complaint in this case was verified pursuant to section 2-605 of the Code (735 ILCS 5/2-605 (West 2012)), and as such, any subsequent pleadings are to be verified pursuant to that section.”
In Re Devon M., 801 N.E.2d 128 (Ill. App. Ct. 2003). “The petitions (after amendment in Donnell's case) named the alleged fathers. The petition in each case, the first pleading, stated the facts for the cause of action, framed the issues and requested the relief the petitioners sought.”
In re Est. of Buecker, 2019 IL App (3d) 180083-U (Ill. App. Ct. 2019). · cites it 2× “Facts Admitted in Affirmative Defenses ¶ 59 Plaintiffs argue that the trial court should have granted Buecker’s motion to deem facts admitted based on defendants’ failure to respond to her affirmative defenses within 21 days, as required by section 2-602 of the Code of Civil…”
Filliung v. Adams (Ill. App. Ct. 2008). “” 735 ILCS 5/2-602 (West 2006). In addition, “[e]very allegation [in a pleading], except allegations of damages, not explicitly denied is admitted ***.”
Bank of Am. v. 108 N. State LLC (Ill. App. Ct. 2010). “Defendants also assert, pursuant to section 2-602 of the Illinois Code of Civil Procedure (735 ILCS 5/2-602 (West 2006)), that a plaintiff must file a reply to any new matters raised by a defendant’s answer, and a plaintiff is deemed to admit well-pleaded facts alleged in…”
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