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Illinois Compiled Statutes

735 ILCS 5/2-604.1 (2026)

Pleading of punitive damages

✓ current as of May 2026
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(735 ILCS 5/2-604.1) (from Ch. 110, par. 2-604.1)
    (Text of Section WITH the changes made by P.A. 89-7, which has been held unconstitutional)
    Sec. 2-604.1. Pleading of punitive damages. In all actions on account of bodily injury or physical damage to property, based on negligence, or product liability based on any theory or doctrine, where punitive damages are permitted no complaint shall be filed containing a prayer for relief seeking punitive damages. However, a plaintiff may, pursuant to a pretrial motion and after a hearing before the court, amend the complaint to include a prayer for relief seeking punitive damages. The court shall allow the motion to amend the complaint if the plaintiff establishes at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. Any motion to amend the complaint to include a prayer for relief seeking punitive damages shall be made not later than 30 days after the close of discovery. A prayer for relief added pursuant to this Section shall not be barred by lapse of time under any statute prescribing or limiting the time within which an action may be brought or right asserted if the time prescribed or limited had not expired when the original pleading was filed.
(Source: P.A. 89-7, eff. 3-9-95.)
 
    (Text of Section WITHOUT the changes made by P.A. 89-7, which has been held unconstitutional)
    Sec. 2-604.1. Pleading of punitive damages. In all actions on account of bodily injury or physical damage to property, based on negligence, or product liability based on strict tort liability, where punitive damages are permitted no complaint shall be filed containing a prayer for relief seeking punitive damages. However, a plaintiff may, pursuant to a pretrial motion and after a hearing before the court, amend the complaint to include a prayer for relief seeking punitive damages. The court shall allow the motion to amend the complaint if the plaintiff establishes at such hearing a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. Any motion to amend the complaint to include a prayer for relief seeking punitive damages shall be made not later than 30 days after the close of discovery. A prayer for relief added pursuant to this Section shall not be barred by lapse of time under any statute prescribing or limiting the time within which an action may be brought or right asserted if the time prescribed or limited had not expired when the original pleading was filed.
(Source: P.A. 84-1431.)

    
Notes of Decisions
Cited in 23 cases (7 in the last 5 years), 1994–2026 · leading case: Bachman v. Gen. Motors Corp., 776 N.E.2d 262 (Ill. App. Ct. 2002).
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Bachman v. Gen. Motors Corp., 776 N.E.2d 262 (Ill. App. Ct. 2002). · cites it 3× “1 of the Code of Civil Procedure (Code) (735 ILCS 5/2-604.1 (West 1996)); (2) the jury's verdict was against the manifest weight of the evidence; and (3) the trial court's cumulative errors denied plaintiffs a fair trial.”
Fiala v. Bickford Senior Living Grp., LLC, 2015 IL App (2d) 150067 (Ill. App. Ct. 2016). · cites it 3× “1 of the Code (735 ILCS 5/2-604.1 (West 2014)). Plaintiff concludes that the trial court thus erred in striking his request for punitive damages.”
McCann v. Presswood, 721 N.E.2d 811 (Ill. App. Ct. 1999). · cites it 4× “1 of the Code of Civil Procedure (Code) (735 ILCS 5/2-604.1 (West 1994)). In May 1999, the trial court dismissed plaintiff's intentional misconduct counts with prejudice, and plaintiff voluntarily dismissed the remaining counts.”
Gray v. Nat'l Restoration Sys., Inc., 820 N.E.2d 943 (Ill. App. Ct. 2004). · cites it 2× “" 735 ILCS 5/2-604.1 (West 2002). Gray's motion for leave to seek punitive damages is separate and distinct from her claims seeking compensatory damages from Hüls under theories of negligence and strict liability.”
In Re Est. of Gagliardo, 908 N.E.2d 1056 (Ill. App. Ct. 2009). · cites it 2× “Margaret's sole authority in arguing that the entire estate should have been transferred to a different judge with Quinlan is McCann, 308 Ill.”
Hartman v. Pittsburgh Corning Corp., 634 N.E.2d 1133 (Ill. App. Ct. 1994). “1 (now 735 ILCS 5/2-604.1 (West 1992))). Section 2-604.”
Torrijos v. Int'l Paper Co., 2021 IL App (2d) 191150 (Ill. App. Ct. 2021). “1 of the Code (735 ILCS 5/2-604.1 (West 2016)). Cano moved to dismiss the amended complaint with prejudice, pursuant to section 2-619(a)(5) of the Code.”
Dewick v. Maytag Corp., 296 F. Supp. 2d 905 (N.D. Ill. 2003). “In that respect both sides’ counsel have again exposed the fact that they are essentially state court, and not federal, personal injury practitioners (though Maytag’s counsel did remove this action from its state court of origin to this District Court): Just as both counsel had…”
LaSalle Nat'l Bank v. Willis (Ill. App. Ct. 2007). · cites it 6× “) (Code) (735 ILCS 5/2-604.1 (West 2002)). Finally, in appeal No.”
Gonzalez v. Pioneer Indus. Sys., LLC (N.D. Ill. 2018). · cites it 3× “Plaintiffs invoke 735 ILCS 5/2-604.1 as the basis for seeking leave to amend their complaint to add a claim for punitive damages.”
Bachman v. Gen. Motors Corp. (Ill. App. Ct. 2002). · cites it 3× “1 of the Code of Civil Procedure (Code) (735 ILCS 5/2-604.1 (West 1996)); (2) the jury's verdict was against the manifest weight of the evidence; and (3) the trial court's cumulative errors denied plaintiffs a fair trial.”
Gray v. Nat'l Restoration Sys., Inc. (Ill. App. Ct. 2004). · cites it 2× “" 735 ILCS 5/2-604.1 (West 2002). Gray's motion for leave to seek punitive damages is separate and distinct from her claims seeking compensatory damages from Hüls under theories of negligence and strict liability.”
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