ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-604.2 (2026)

Requesting remedies from the court

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(735 ILCS 5/2-604.2)
    Sec. 2-604.2. Requesting remedies from the court.
    (a) Except in personal injury actions, every count in every complaint and counterclaim must request specific remedies the party believes it should receive from the court.
    In a personal injury action, a party may not claim an amount of money unless necessary to comply with the circuit court rules about where a case is assigned. In a personal injury action, if a complaint is filed that contains an amount claimed and the claim is not necessary to comply with the circuit court rules about where a case is assigned, the complaint shall be dismissed without prejudice on the defendant's motion or on the court's own motion.
    (b) A party may request remedies from the court in the alternative. A request for a remedy from the court that is not supported by allegations in the complaint or counterclaim may be objected to by motion or in the answering pleading.
    (c) Except in the case of default, the remedies requested from the court do not limit the remedies available. Except in the case of default, if a party seeks remedies other than those listed in the complaint or counterclaim, the court may, by proper order, and upon terms that may be just, protect the adverse party against prejudice by reason of surprise.
    In the case of default, if a remedy is sought in the pleading, whether by amendment, counterclaim, or otherwise, that is beyond what the defaulted party requested, notice shall be given to the defaulted party as provided by Illinois Supreme Court Rule 105.
    (d) The defendant is not prohibited from requesting from the plaintiff, by interrogatory, the amount of damages sought.
(Source: P.A. 101-403, eff. 1-1-20.)

    
Notes of Decisions
Cited in 8 cases (7 in the last 5 years), 2020–2026 · leading case: Schwartz v. Illinois Human Rights Comm'n, 2024 IL App (4th) 231248 (Ill. App. Ct. 2024).
Sort: Relevance Newest Treatment
Schwartz v. Illinois Human Rights Comm'n, 2024 IL App (4th) 231248 (Ill. App. Ct. 2024). “2(a), (c) of the Code of Civil Procedure establishes a similar rule for civil lawsuits (735 ILCS 5/2-604.2(a), (c) (West 2022)): - 36 - “(a) *** [E]very count in every complaint and counterclaim must request specific remedies the party believes it should receive from the court.”
Schoepke v. E.I. Du Pont De Nemours & Co. (Del. Super. Ct. 2026). · cites it 2× “168 735 ILCS 5/2-604.2(a). 169 735 ILCS 5/2-604.”
Repub. Ontario LLC v. Organ, 2025 IL App (1st) 231405 (Ill. App. Ct. 2025). · cites it 2× “” 735 ILCS 5/2-604.2 (West 2022). In turn, Supreme Court Rule 105 provides: “If new or additional relief *** is sought against a party ***, notice shall be given him as herein provided.”
Connor Fam. Trust v. Chejfec, 2022 IL App (2d) 210211-U (Ill. App. Ct. 2022). “” 735 ILCS 5/2-604.2(a) (West 2020). It is true that “[e]xcept in the case of default, the remedies - 11 - 2022 IL App (2d) 210211-U requested from the court do not limit the remedies available,” but “if a party seeks remedies other than those listed in the complaint or…”
Medici Gallery & Coffeehouse, Inc. v. Pioneer UC V, LLC, 2023 IL App (1st) 220321-U (Ill. App. Ct. 2023). “2 of the Code of Civil Procedure (735 ILCS 5/2-604.2 (West 2020)), the specific sum requested in the counterclaim does not limit what the trial court can award, so long as Medici is protected from prejudice by reason of surprise.”
Lakin v. Geico Cas. Co. (S.D. Ill. 2020). “101-403 § 10 and replaced by 735 ILCS 5/2-604.2(c) (eff. Jan. 1, 2020) (“the remedies requested from the court do not limit the remedies available”).”
Phillips v. Metro Transit Agency (S.D. Ill. 2021). “54(c) (“Every [non-default] final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings”); 735 ILCS 5/2-604.2(c) (“the remedies requested from the court do not limit the remedies available”).”
Anderson (N.D. Ill. 2026). “; see 735 ILCS 5/2-604.2(a). But in Illinois, personal-injury plaintiffs can recover several types of compensatory damages (such as loss of a normal life, pain and suffering, and past and future medical expenses), as well as punitive damages.”
— 735 ILCS 5/2-604.2(a) — 4 cases
Schwartz v. Illinois Human Rights Comm'n, 2024 IL App (4th) 231248 (Ill. App. Ct. 2024). “2(a), (c) of the Code of Civil Procedure establishes a similar rule for civil lawsuits (735 ILCS 5/2-604.2(a), (c) (West 2022)): - 36 - “(a) *** [E]very count in every complaint and counterclaim must request specific remedies the party believes it should receive from the court.”
Connor Fam. Trust v. Chejfec, 2022 IL App (2d) 210211-U (Ill. App. Ct. 2022). “” 735 ILCS 5/2-604.2(a) (West 2020). It is true that “[e]xcept in the case of default, the remedies - 11 - 2022 IL App (2d) 210211-U requested from the court do not limit the remedies available,” but “if a party seeks remedies other than those listed in the complaint or…”
Schoepke v. E.I. Du Pont De Nemours & Co. (Del. Super. Ct. 2026). “168 735 ILCS 5/2-604.2(a). 169 735 ILCS 5/2-604.”
Anderson (N.D. Ill. 2026). “; see 735 ILCS 5/2-604.2(a). But in Illinois, personal-injury plaintiffs can recover several types of compensatory damages (such as loss of a normal life, pain and suffering, and past and future medical expenses), as well as punitive damages.”
— 735 ILCS 5/2-604.2(c) — 3 cases
Lakin v. Geico Cas. Co. (S.D. Ill. 2020). “101-403 § 10 and replaced by 735 ILCS 5/2-604.2(c) (eff. Jan. 1, 2020) (“the remedies requested from the court do not limit the remedies available”).”
Phillips v. Metro Transit Agency (S.D. Ill. 2021). “54(c) (“Every [non-default] final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings”); 735 ILCS 5/2-604.2(c) (“the remedies requested from the court do not limit the remedies available”).”
Schoepke v. E.I. Du Pont De Nemours & Co. (Del. Super. Ct. 2026). “168 735 ILCS 5/2-604.2(a). 169 735 ILCS 5/2-604.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.