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Illinois Compiled Statutes

735 ILCS 5/2-614 (2026)

Joinder of causes of action and use of counterclaims

✓ current as of May 2026
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(735 ILCS 5/2-614) (from Ch. 110, par. 2-614)
    Sec. 2-614. Joinder of causes of action and use of counterclaims. (a) Any plaintiff or plaintiffs may join any causes of action, against any defendant or defendants; and the defendant may set up in his or her answer any and all cross claims whatever, whether in the nature of recoupment, setoff or otherwise, which shall be designated counterclaims.
    (b) The court may, in its discretion, order separate trial of any causes of action, counterclaim or third-party claim if it cannot be conveniently disposed of with the other issues in the case. Legal and equitable issues may be tried together if no jury is employed.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1994–2021 · leading case: Schrock v. Shoemaker, 640 N.E.2d 937 (Ill. 1994).
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Schrock v. Shoemaker, 640 N.E.2d 937 (Ill. 1994). “(735 ILCS 5/2-614 (West 1992); see also Restatement (Second) of Torts § 693, Comment b (1977).”
Vogel v. Merck & Co., Inc., 476 F. Supp. 2d 996 (S.D. Ill. 2007). “it shall appear that joinder may embarrass or delay the trial of the action[.]” Id.”
Vill. of New Athens v. Smith, 2021 IL App (5th) 200257 (Ill. App. Ct. 2021). “” 735 ILCS 5/2-614(b) (West 2018). Also, section 2-1006 of the Code provides that “[a]n action may be severed *** as an aid to convenience, whenever it can be done without prejudice to a substantial right.”
Vill. of New Athens, 2021 IL App (5th) 200257 (Ill. App. Ct. 2021). “” 735 ILCS 5/2-614(b) (West 2018). Also, section 2-1006 of the Code provides that “[a]n action may be severed *** as an aid to convenience, whenever it can be done without prejudice to a substantial right.”
Anderson v. Alberto-Culver USA, Inc. (Ill. App. Ct. 2003). “Section 2-614(b) (735 ILCS 5/2-614(b) (West 2000)) of the Code of Civil Procedure provides that the circuit court "may, in its discretion, order separate trial of any causes of action, counterclaim or third-party claim if it cannot be conveniently disposed of with the other…”
— 735 ILCS 5/2-614(b) — 4 cases
Vogel v. Merck & Co., Inc., 476 F. Supp. 2d 996 (S.D. Ill. 2007). “it shall appear that joinder may embarrass or delay the trial of the action[.]” Id.”
Vill. of New Athens v. Smith, 2021 IL App (5th) 200257 (Ill. App. Ct. 2021). “” 735 ILCS 5/2-614(b) (West 2018). Also, section 2-1006 of the Code provides that “[a]n action may be severed *** as an aid to convenience, whenever it can be done without prejudice to a substantial right.”
Vill. of New Athens, 2021 IL App (5th) 200257 (Ill. App. Ct. 2021). “” 735 ILCS 5/2-614(b) (West 2018). Also, section 2-1006 of the Code provides that “[a]n action may be severed *** as an aid to convenience, whenever it can be done without prejudice to a substantial right.”
Anderson v. Alberto-Culver USA, Inc. (Ill. App. Ct. 2003). “Section 2-614(b) (735 ILCS 5/2-614(b) (West 2000)) of the Code of Civil Procedure provides that the circuit court "may, in its discretion, order separate trial of any causes of action, counterclaim or third-party claim if it cannot be conveniently disposed of with the other…”
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