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Illinois Compiled Statutes

735 ILCS 5/2-608 (2026)

Counterclaims

✓ current as of May 2026
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(735 ILCS 5/2-608) (from Ch. 110, par. 2-608)
    Sec. 2-608. Counterclaims. (a) Any claim by one or more defendants against one or more plaintiffs, or against one or more codefendants, whether in the nature of setoff, recoupment, cross claim or otherwise, and whether in tort or contract, for liquidated or unliquidated damages, or for other relief, may be pleaded as a cross claim in any action, and when so pleaded shall be called a counterclaim.
    (b) The counterclaim shall be a part of the answer, and shall be designated as a counterclaim. Service of process on parties already before the court is not necessary.
    (c) Every counterclaim shall be pleaded in the same manner and with the same particularity as a complaint, and shall be complete in itself, but allegations set forth in other parts of the answer may be incorporated by specific reference instead of being repeated.
    (d) An answer to a counterclaim and pleadings subsequent thereto shall be filed as in the case of a complaint and with like designation and effect.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 46 cases (8 in the last 5 years), 1993–2026 · leading case: Fuller Fam. Holdings, LLC v. N. Trust Co., 863 N.E.2d 743 (Ill. App. Ct. 2007).
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Fuller Fam. Holdings, LLC v. N. Trust Co., 863 N.E.2d 743 (Ill. App. Ct. 2007). “See 735 ILCS 5/2-608(a) (West 2004); Corcoran-Hakala v.”
Barragan v. Casco Design Corp., 837 N.E.2d 16 (Ill. 2005). “Specifically, it provides that "[u]nless a contrary meaning is indicated, wherever used in this Act and in rules *22 adopted pursuant hereto the term `plaintiff' includes counterclaimants and third-party plaintiffs, and the term `defendant' includes third-party defendants and…”
Torcasso v. Stand. Outdoor Sales, Inc., 626 N.E.2d 225 (Ill. 1993). “In the alternative, Torcasso maintains that in ruling that res judicata bars an action that could have been but was not pleaded as a counterclaim in the prior action between the parties, the appellate court has misconstrued the plain meaning of two sections of the Code of Civil…”
Nadhir v. Salomon, 2011 IL App (1st) 110851 (Ill. App. Ct. 2011). · cites it 2× “Counterclaims are controlled by section 2-608 of the Code of Civil Procedure (735 ILCS 5/2-608 (West 2010)), whereas affirmative defenses are controlled by section 2-613 (735 ILCS 5/2-613 (West 2008)).”
Wilson v. M.G. Gulo & Assocs., Inc., 691 N.E.2d 875 (Ill. App. Ct. 1998). · cites it 2× “735 ILCS 5/2-608(a)(West 1996); Bennett v.”
Oshana v. FCL Builders, Inc., 2013 IL App (1st) 120851 (Ill. App. Ct. 2013). “See 735 ILCS 5/2-608(a) ( West 2002 ); Marsh v.”
LaSalle Bank Nat'l Ass'n v. Cypress Creek 1, LP, 950 N.E.2d 1109 (Ill. 2011). “" In its answer and affirmative defenses to Edon's complaint to foreclose on Edon's mechanics lien, LaSalle did not assert a similar priority claim, but rather maintained that Edon's claim was barred by laches and that Edon's interest in the property was limited to an interest…”
Sandlin v. Harrah's Illinois Corp., 2016 IL App (3d) 150018 (Ill. App. Ct. 2016). “See 735 ILCS 5/2-608(a) (West 2012). 2 At the trial level and to some extent on appeal, the parties dispute whether Harrah’s was actually seeking indemnification or contribution from HBG under count I of the counterclaim.”
Carmichael v. Union Pac. R.R. Co., 2019 IL 123853 (Ill. 2019). “735 ILCS 5/2-608 (West 2010). Section 2-608 provides: “§ 2-608.”
Bayview Loan Servicing, LLC v. Starks, 2022 IL App (2d) 210056 (Ill. App. Ct. 2022). “The Code provides that any counterclaim “shall be a part of the answer” (735 ILCS 5/2-608(b) (West 2020)) and “[a]t any time before final judgment amendments may be allowed on just and reasonable terms” (id.”
Crest Hill Land Dev., LLC v. Conrad, 2019 IL App (3d) 180213 (Ill. App. Ct. 2019). “See 735 ILCS 5/2-608(a) (West 2014); 3 Richard A.”
Kaskaskia Land Co., LLC v. Vandalia Levee & Drainage Dist., 2019 IL App (5th) 180403 (Ill. App. Ct. 2019). “See 735 ILCS 5/2-608(a) (West 2016); Davis v.”
Show all 46 citing cases →
— 735 ILCS 5/2-608(a) — 22 cases
Fuller Fam. Holdings, LLC v. N. Trust Co., 863 N.E.2d 743 (Ill. App. Ct. 2007). “See 735 ILCS 5/2-608(a) (West 2004); Corcoran-Hakala v.”
Torcasso v. Stand. Outdoor Sales, Inc., 626 N.E.2d 225 (Ill. 1993). “In the alternative, Torcasso maintains that in ruling that res judicata bars an action that could have been but was not pleaded as a counterclaim in the prior action between the parties, the appellate court has misconstrued the plain meaning of two sections of the Code of Civil…”
Wilson v. M.G. Gulo & Assocs., Inc., 691 N.E.2d 875 (Ill. App. Ct. 1998). “735 ILCS 5/2-608(a)(West 1996); Bennett v.”
Oshana v. FCL Builders, Inc., 2013 IL App (1st) 120851 (Ill. App. Ct. 2013). “See 735 ILCS 5/2-608(a) ( West 2002 ); Marsh v.”
Sandlin v. Harrah's Illinois Corp., 2016 IL App (3d) 150018 (Ill. App. Ct. 2016). “See 735 ILCS 5/2-608(a) (West 2012). 2 At the trial level and to some extent on appeal, the parties dispute whether Harrah’s was actually seeking indemnification or contribution from HBG under count I of the counterclaim.”
— 735 ILCS 5/2-608(b) — 4 cases
Bayview Loan Servicing, LLC v. Starks, 2022 IL App (2d) 210056 (Ill. App. Ct. 2022). “The Code provides that any counterclaim “shall be a part of the answer” (735 ILCS 5/2-608(b) (West 2020)) and “[a]t any time before final judgment amendments may be allowed on just and reasonable terms” (id.”
Cianci v. Safeco Ins. Co. (Ill. App. Ct. 2005).
The Vill. of Palatine v. Paulick, 2026 IL App (1st) 251233-U (Ill. App. Ct. 2026).
Am. Serv. Ins. Co. v. Franchini (Ill. App. Ct. 2009).
— 735 ILCS 5/2-608(c) — 3 cases
Carmichael v. Union Pac. R.R. Co., 2019 IL 123853 (Ill. 2020).
Markel Ins. Co. v. Energym Gymnastics, Inc., 2019 IL App (1st) 190092-U (Ill. App. Ct. 2019).
Wilson v. Burkart, 2020 IL App (5th) 190350-U (Ill. App. Ct. 2020).
— 735 ILCS 5/2-608(d) — 1 case
Willis v. Naico Real Est. Prop. & Mgmt. Corp. (Ill. App. Ct. 2008).
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