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Illinois Compiled Statutes

735 ILCS 5/2-616 (2026)

Amendments

✓ current as of May 2026
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(735 ILCS 5/2-616) (from Ch. 110, par. 2-616)
    Sec. 2-616. Amendments.
    (a) At any time before final judgment amendments may be allowed on just and reasonable terms, introducing any party who ought to have been joined as plaintiff or defendant, dismissing any party, changing the cause of action or defense or adding new causes of action or defenses, and in any matter, either of form or substance, in any process, pleading, bill of particulars or proceedings, which may enable the plaintiff to sustain the claim for which it was intended to be brought or the defendant to make a defense or assert a cross claim.
    (b) The cause of action, cross claim or defense set up in any amended pleading shall not be barred by lapse of time under any statute or contract 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, and if it shall appear from the original and amended pleadings that the cause of action asserted, or the defense or cross claim interposed in the amended pleading grew out of the same transaction or occurrence set up in the original pleading, even though the original pleading was defective in that it failed to allege the performance of some act or the existence of some fact or some other matter which is a necessary condition precedent to the right of recovery or defense asserted, if the condition precedent has in fact been performed, and for the purpose of preserving the cause of action, cross claim or defense set up in the amended pleading, and for that purpose only, an amendment to any pleading shall be held to relate back to the date of the filing of the original pleading so amended.
    (c) A pleading may be amended at any time, before or after judgment, to conform the pleadings to the proofs, upon terms as to costs and continuance that may be just.
    (d) A cause of action against a person not originally named a defendant is not barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if all the following terms and conditions are met: (1) the time prescribed or limited had not expired when the original action was commenced; (2) the person, within the time that the action might have been brought or the right asserted against him or her plus the time for service permitted under Supreme Court Rule 103(b), received such notice of the commencement of the action that the person will not be prejudiced in maintaining a defense on the merits and knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him or her; and (3) it appears from the original and amended pleadings that the cause of action asserted in the amended pleading grew out of the same transaction or occurrence set up in the original pleading, even though the original pleading was defective in that it failed to allege the performance of some act or the existence of some fact or some other matter which is a necessary condition precedent to the right of recovery when the condition precedent has in fact been performed, and even though the person was not named originally as a defendant. For the purpose of preserving the cause of action under those conditions, an amendment adding the person as a defendant relates back to the date of the filing of the original pleading so amended.
    (e) A cause of action against a beneficiary of a land trust not originally named a defendant is not barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if all the following terms and conditions are met: (1) the cause of action arises from the ownership, use or possession of real estate, record title whereto is held by a land trustee; (2) the time prescribed or limited had not expired when the original action was commenced; (3) the land trustee of record is named as a defendant; and (4) the plaintiff proceeds with reasonable diligence subsequent to the commencement of the action to serve process upon the land trustee, to determine the identity of the beneficiary, and to amend the complaint to name the beneficiary as a defendant.
    (f) The changes made by this amendatory Act of the 92nd General Assembly apply to all complaints filed on or after the effective date of this amendatory Act, and to complaints filed before the effective date of this amendatory Act if the limitation period has not ended before the effective date.
(Source: P.A. 92-116, eff. 1-1-02.)

    
Notes of Decisions
Cited in 407 cases (118 in the last 5 years), 1993–2026 · leading case: Clemons v. Mech. Devices Co., 781 N.E.2d 1072 (Ill. 2002).
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Clemons v. Mech. Devices Co., 781 N.E.2d 1072 (Ill. 2002). · cites it 7× “The court found that section 2-616(a) of the Code of Civil Procedure (735 ILCS 5/2-616(a) (West 2000)) governed the amendment of plaintiff's complaint.”
Lawler v. The Univ. of Chicago Med. Ctr., 2017 IL 120745 (Ill. 2017). · cites it 7× “*1092 ¶ 1 In this case, we consider whether the relation back statute ( 735 ILCS 5/2-616(b) (West 2010)) applies to a wrongful death claim when the death occurs more than four years after the alleged act of negligence.”
Grove v. Carle Found. Hosp., 846 N.E.2d 153 (Ill. App. Ct. 2006). · cites it 7× “735 ILCS 5/2-616(b) (West 2004). On February 22, 2005, the trial court heard oral argument on the motion to amend.”
Frigo v. Silver Cross Hosp. & Med. Ctr., 876 N.E.2d 697 (Ill. App. Ct. 2007). · cites it 5× “fter the statute of limitations period has expired, provides: "(b) The cause of action * * * set up in any amended pleading shall not be barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right…”
Bryson v. News Am. Publications, Inc., 672 N.E.2d 1207 (Ill. 1996). · cites it 2× “Under section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b) (West 1992)), a cause of action alleged in an amended complaint, filed after the expiration of the limitations period, will relate back to the filing of the original complaint if two requirements *1223…”
Morton v. Madison Cnty. Nursing Home Auxiliary, 741 N.E.2d 658 (Ill. App. Ct. 2000). · cites it 15× “On March 29, 1999, plaintiff filed a motion to amend his complaint by adding Madison County as a defendant pursuant to section 2-616 of the Code (735 ILCS 5/2-616 (West 1998)), alleging that Madison County was a proper defendant, that the failure to join Madison County as a…”
Borchers v. Province of Sacred Heart, Inc., 962 N.E.2d 29 (Ill. App. Ct. 2012). · cites it 8× “Subsection (d) of that section provides for a suspension of the statute of limitations that would normally apply to claims against a newly added party, under certain circumstances: "A cause of action against a person not originally named a defendant is not barred by lapse of…”
Santiago v. E.W. Bliss Co., 2012 IL 111792 (Ill. 2012). · cites it 4× “Amendments to pleadings are governed by section 2-616 of the Code (735 ILCS 5/2-616 (West 2010)). Section 2-616(a) provides, in relevant part: “At any time before final judgment amendments may be allowed on just and reasonable terms, introducing any party who ought to have been…”
Hiscott v. Peters, 754 N.E.2d 839 (Ill. App. Ct. 2001). · cites it 2× “AMENDMENT OF PLEADINGS Weidner argues that the trial court erred in permitting the Hiscotts to amend their pleadings after judgment to set forth new causes of action for the negligent infliction of emotional distress. Peters has not addressed this issue in his brief.”
Mabry v. Boler, 2012 IL App (1st) 111464 (Ill. App. Ct. 2012). · cites it 2× “1) the circuit court erred in dismissing with prejudice the negligence complaint because it was a timely refiled cause of action under section 13-217 of the Code of Civil Procedure (735 ILCS 5/13-217 (West 1994)); and (2) alternatively, dismissal of the cause of action was…”
Sidney Peterson v. Wexford Health Sources, Inc., 986 F.3d 746 (7th Cir. 2021). “19-2592 13 doctrine under Federal Rule of Civil Procedure 15(c) and 735 ILCS 5/2-616 could not save the claims because that doctrine only applies to amendments of existing complaints, not new causes of action.”
Lawler v. Univ. of Chicago Med. Ctr., 2017 IL 120745 (Ill. 2018). · cites it 6× “OPINION ¶1 In this case, we consider whether the relation back statute (735 ILCS 5/2-616(b) (West 2010)) applies to a wrongful death claim when the death occurs more than four years after the alleged act of negligence.”
Show all 407 citing cases →
— 735 ILCS 5/2-616(a) — 180 cases
Clemons v. Mech. Devices Co., 781 N.E.2d 1072 (Ill. 2002). “The court found that section 2-616(a) of the Code of Civil Procedure (735 ILCS 5/2-616(a) (West 2000)) governed the amendment of plaintiff's complaint.”
Fischer v. Senior Living Props., L.L.C., 771 N.E.2d 505 (Ill. App. Ct. 2002).
Michael Bauer v. Home Depot U.S.A., Inc., 845 F.3d 350 (7th Cir. 2017).
Richter v. Prairie Farms Dairy, 2016 IL 119518 (Ill. 2016).
Richter v. Prairie Farms Dairy, 2016 IL 119518 (Ill. 2016).
— 735 ILCS 5/2-616(b) — 91 cases
Lawler v. The Univ. of Chicago Med. Ctr., 2017 IL 120745 (Ill. 2017). “*1092 ¶ 1 In this case, we consider whether the relation back statute ( 735 ILCS 5/2-616(b) (West 2010)) applies to a wrongful death claim when the death occurs more than four years after the alleged act of negligence.”
Grove v. Carle Found. Hosp., 846 N.E.2d 153 (Ill. App. Ct. 2006). “735 ILCS 5/2-616(b) (West 2004). On February 22, 2005, the trial court heard oral argument on the motion to amend.”
Frigo v. Silver Cross Hosp. & Med. Ctr., 876 N.E.2d 697 (Ill. App. Ct. 2007). “fter the statute of limitations period has expired, provides: "(b) The cause of action * * * set up in any amended pleading shall not be barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right…”
Bryson v. News Am. Publications, Inc., 672 N.E.2d 1207 (Ill. 1996). “Under section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b) (West 1992)), a cause of action alleged in an amended complaint, filed after the expiration of the limitations period, will relate back to the filing of the original complaint if two requirements *1223…”
Clemons v. Mech. Devices Co., 781 N.E.2d 1072 (Ill. 2002). “The court found that section 2-616(a) of the Code of Civil Procedure (735 ILCS 5/2-616(a) (West 2000)) governed the amendment of plaintiff's complaint.”
— 735 ILCS 5/2-616(c) — 69 cases
Hiscott v. Peters, 754 N.E.2d 839 (Ill. App. Ct. 2001). “AMENDMENT OF PLEADINGS Weidner argues that the trial court erred in permitting the Hiscotts to amend their pleadings after judgment to set forth new causes of action for the negligent infliction of emotional distress. Peters has not addressed this issue in his brief.”
Taylor v. Cnty. of Cook, 957 N.E.2d 413 (Ill. App. Ct. 2011).
Sheth v. SAB Tool Supply Co., 2013 IL App (1st) 110156 (Ill. App. Ct. 2013).
Grove v. Carle Found. Hosp., 846 N.E.2d 153 (Ill. App. Ct. 2006). “735 ILCS 5/2-616(b) (West 2004). On February 22, 2005, the trial court heard oral argument on the motion to amend.”
Benzakry v. Patel, 2017 IL App (3d) 160162 (Ill. App. Ct. 2017).
— 735 ILCS 5/2-616(d) — 60 cases
Borchers v. Province of Sacred Heart, Inc., 962 N.E.2d 29 (Ill. App. Ct. 2012). “Subsection (d) of that section provides for a suspension of the statute of limitations that would normally apply to claims against a newly added party, under certain circumstances: "A cause of action against a person not originally named a defendant is not barred by lapse of…”
Zlatev v. Millette, 2015 IL App (1st) 143173 (Ill. App. Ct. 2015).
Nancy Arendt, Indep. Adm'r of the Est. of Michael Arendt, Deceased v. Vetta Sports, Inc., 99 F.3d 231 (7th Cir. 1996).
Augustus v. Est. of Somers, 662 N.E.2d 138 (Ill. App. Ct. 1996).
Maggi v. RAS Dev., Inc., 949 N.E.2d 731 (Ill. App. Ct. 2011).
— 735 ILCS 5/2-616(d)(1) — 2 cases
Morton v. Madison Cnty. Nursing Home Auxiliary, 741 N.E.2d 658 (Ill. App. Ct. 2000). “On March 29, 1999, plaintiff filed a motion to amend his complaint by adding Madison County as a defendant pursuant to section 2-616 of the Code (735 ILCS 5/2-616 (West 1998)), alleging that Madison County was a proper defendant, that the failure to join Madison County as a…”
Morton v. Madison Cnty. Nursing Home Auxiliary (Ill. App. Ct. 2000).
— 735 ILCS 5/2-616(d)(2) — 16 cases
Owens v. VHS Acqusition Subsidiary No. 3, Inc., 2017 IL App (1st) 161709 (Ill. App. Ct. 2017).
Springman v. AIG Mktg., Inc., 523 F.3d 685 (7th Cir. 2008).
Owens v. VHS Acqusition Subsidiary No. 3, 2017 IL App (1st) 161709 (Ill. App. Ct. 2017).
Retzler v. Pratt & Whitney Co., 723 N.E.2d 345 (Ill. App. Ct. 1999).
Litwiller v. SKAR Enter., 2011 IL App (4th) 100870 (Ill. App. Ct. 2011).
— 735 ILCS 5/2-616(d)(3) — 4 cases
Morton v. Madison Cnty. Nursing Home Auxiliary, 741 N.E.2d 658 (Ill. App. Ct. 2000). “On March 29, 1999, plaintiff filed a motion to amend his complaint by adding Madison County as a defendant pursuant to section 2-616 of the Code (735 ILCS 5/2-616 (West 1998)), alleging that Madison County was a proper defendant, that the failure to join Madison County as a…”
Angell v. Santefort Fam. Holdings, LLC, 2020 IL App (3d) 180724 (Ill. App. Ct. 2020).
Slezak v. Lisle Ctr., Inc., 625 N.E.2d 911 (Ill. App. Ct. 1993).
Morton v. Madison Cnty. Nursing Home Auxiliary (Ill. App. Ct. 2000).
— 735 ILCS 5/2-616(d)(4) — 2 cases
Morton v. Madison Cnty. Nursing Home Auxiliary, 741 N.E.2d 658 (Ill. App. Ct. 2000). “On March 29, 1999, plaintiff filed a motion to amend his complaint by adding Madison County as a defendant pursuant to section 2-616 of the Code (735 ILCS 5/2-616 (West 1998)), alleging that Madison County was a proper defendant, that the failure to join Madison County as a…”
Morton v. Madison Cnty. Nursing Home Auxiliary (Ill. App. Ct. 2000).
— 735 ILCS 5/2-616(d)(5) — 2 cases
Morton v. Madison Cnty. Nursing Home Auxiliary, 741 N.E.2d 658 (Ill. App. Ct. 2000). “On March 29, 1999, plaintiff filed a motion to amend his complaint by adding Madison County as a defendant pursuant to section 2-616 of the Code (735 ILCS 5/2-616 (West 1998)), alleging that Madison County was a proper defendant, that the failure to join Madison County as a…”
Morton v. Madison Cnty. Nursing Home Auxiliary (Ill. App. Ct. 2000).
— 735 ILCS 5/2-616(e) — 1 case
Campos v. Campos (Ill. App. Ct. 2003).
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