Illinois Compiled Statutes
735 ILCS 5/2-617 (2026)
Seeking wrong remedy not fatal
✓ current as of May 2026
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(735 ILCS 5/2-617)
(from Ch. 110, par. 2-617)
Sec. 2-617.
Seeking wrong remedy not fatal.
Where relief is sought
and the court determines, on motion directed to the pleadings, or on motion
for summary judgment or upon trial, that the plaintiff has pleaded or established
facts which entitled the plaintiff to relief but that the plaintiff has
sought the wrong remedy, the
court shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled
on the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court
shall consider the right of the defendant to assert additional defenses,
to demand a trial by jury, to plead a counterclaim or third party complaint,
and to order the plaintiff to take additional steps which were not required
under the pleadings as previously filed.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 4
cases, 2002–2016 · leading case: Mason v. Snyder, 774 N.E.2d 457 (Ill. App. Ct. 2002).
Mason v. Snyder, 774 N.E.2d 457 (Ill. App. Ct. 2002). “" 735 ILCS 5/2-617 (West 2000). In 1994, this court concluded that it had no creative solution to the problem of increasing inmate litigation.”
Foley v. Godinez, 2016 IL App (1st) 151814 (Ill. App. Ct. 2016). “¶ 35 Plaintiffs also argue that section 2-617 of the Code (735 ILCS 5/2-617 (West 2012)) supports their argument that they should be permitted to amend their complaint.”
Five Mile Capital Westin North Shore SPE, LLC v. Berkadia Com. Mortg., LLC, 2012 IL App (1st) 122812 (Ill. App. Ct. 2012). “The circuit court recognized that defendants’ motion to dismiss under section 2-615 was in substance a motion to strike plaintiff’s prayers for injunctive relief under section 2-617 (735 ILCS 5/2-617 (West 2010)). The circuit court also realized that the question of a…”
Mason v. Snyder (Ill. App. Ct. 2002). “" 735 ILCS 5/2-617 (West 2000). In 1994, this court concluded that it had no creative solution to the problem of increasing inmate litigation.”
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