ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-619 (2026)

Involuntary dismissal based upon certain defects or defenses

✓ current as of May 2026
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(735 ILCS 5/2-619) (from Ch. 110, par. 2-619)
    Sec. 2-619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds. If the grounds do not appear on the face of the pleading attacked the motion shall be supported by affidavit:
    (1) That the court does not have jurisdiction of the subject matter of the action, provided the defect cannot be removed by a transfer of the case to a court having jurisdiction.
    (2) That the plaintiff does not have legal capacity to sue or that the defendant does not have legal capacity to be sued.
    (3) That there is another action pending between the same parties for the same cause.
    (4) That the cause of action is barred by a prior judgment.
    (5) That the action was not commenced within the time limited by law.
    (6) That the claim set forth in the plaintiff's pleading has been released, satisfied of record, or discharged in bankruptcy.
    (7) That the claim asserted is unenforceable under the provisions of the Statute of Frauds.
    (8) That the claim asserted against defendant is unenforceable because of his or her minority or other disability.
    (9) That the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim.
    (b) A similar motion may be made by any other party against whom a claim is asserted.
    (c) If, upon the hearing of the motion, the opposite party presents affidavits or other proof denying the facts alleged or establishing facts obviating the grounds of defect, the court may hear and determine the same and may grant or deny the motion. If a material and genuine disputed question of fact is raised the court may decide the motion upon the affidavits and evidence offered by the parties, or may deny the motion without prejudice to the right to raise the subject matter of the motion by answer and shall so deny it if the action is one in which a party is entitled to a trial by jury and a jury demand has been filed by the opposite party in apt time.
    (d) The raising of any of the foregoing matters by motion under this Section does not preclude the raising of them subsequently by answer unless the court has disposed of the motion on its merits; and a failure to raise any of them by motion does not preclude raising them by answer.
    (e) Pleading over after denial by the court of a motion under this Section is not a waiver of any error in the decision denying the motion.
    (f) The form and contents of and procedure relating to affidavits under this Section shall be as provided by rule.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 2,901 cases (765 in the last 5 years), 1993–2026 · leading case: Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022).
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Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). · cites it 15× “The trial court dismissed with prejudice counts V and VI, pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West 2020)). Thereafter, plaintiff filed a notice of appeal challenging the dismissal of count III of its original complaint and the dismissal of all six counts of…”
Borowiec v. GATEWAY 2000, INC., 808 N.E.2d 957 (Ill. 2004). · cites it 8× “Pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2000)), on October 22, 2001, Gateway filed a motion to dismiss the complaint or, in the alternative, to compel arbitration and stay the proceedings pending completion of arbitration.”
Richter v. Prairie Farms Dairy, 2016 IL 119518 (Ill. 2016). · cites it 5× “Defendant argues that Richter II was barred by (A) the doctrine of res judicata, (B) the rule against claim-splitting, (C) the statute of limitations, and (D) the equitable doctrine of laches.”
Reynolds v. Jimmy John's Enter., LLC, 2013 IL App (4th) 120139 (Ill. App. Ct. 2013). · cites it 4× “In August 2011, the trial court granted defendants’ motions to dismiss and dismissed with prejudice all vicarious liability claims pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West 2010)) and allowed plaintiff to amend his complaint on theories of direct liability.”
Van Meter v. Darien Park Dist., 799 N.E.2d 273 (Ill. 2003). · cites it 4× “The municipal defendants filed motions to dismiss, pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 1994)), alleging that they were entitled to discretionary immunity under section 2-201 of the Local Governmental and Governmental…”
People v. One 1998 GMC, 2011 IL 110236 (Ill. 2011). · cites it 5× “” On August 1, 2008, the court again continued the case at Linda’s request, but in this instance it was to allow her to file a motion to dismiss pursuant to section 2-619 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-619 (West 2006)) and to allow the parties time to…”
Hudson v. City of Chicago, 889 N.E.2d 210 (Ill. 2008). · cites it 3× “Defendants moved to dismiss pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West 2006)), arguing that the refiled action was barred by res judicata.”
Krilich v. Am. Nat'l Bank & Trust Co., 778 N.E.2d 1153 (Ill. App. Ct. 2002). · cites it 4× “*1159 On March 30, 1999, Krilich filed a motion to dismiss the misrepresentation and fraud counterclaims under section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 1998)). Krilich conceded that he made the statements as alleged.”
Henrich v. Libertyville High Sch., 712 N.E.2d 298 (Ill. 1999). · cites it 4× “BACKGROUND This cause is before us following a motion to dismiss pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 1994)). The motion admits all well-pled allegations in the complaint and reasonable inferences to be drawn from the facts.”
Vill. of Bloomingdale v. CDG Enter., Inc., 752 N.E.2d 1090 (Ill. 2001). · cites it 3× “The Village moved to dismiss the counterclaims pursuant to section 2-619(a)(9) of the Code of Civil Procedure (the Code) (735 ILCS 5/2-619(a)(9) (West 1998)). It asserted sovereign immunity based on various provisions of the Tort Immunity Act (see 745 ILCS 10/2-103, 2-104,…”
In re Est. of Hanley, 2013 IL App (3d) 110264 (Ill. App. Ct. 2013). · cites it 10× “James appeals the dismissals, contending that the trial court erred because: (1) evidence presented by John was insufficient to support dismissal under section 2-619 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-619 (West 2010)); (2) the petition alleged sufficient…”
Khan v. Fur Keeps Animal Rescue, Inc., 2021 IL App (1st) 182694 (Ill. App. Ct. 2021). · cites it 4× “See 735 ILCS 5/2-619 (West 2018) (motion is filed by defendant “within the time for pleading”).”
Show all 2,901 citing cases →
— 735 ILCS 5/2-619(1) — 2 cases
Sabados v. Planned Parenthood of Greater Indiana (Ill. App. Ct. 2007).
Fin. Freedom v. Kirgis (Ill. App. Ct. 2007).
— 735 ILCS 5/2-619(2) — 1 case
Lutkauskas v. Ricker, 2013 IL App (1st) 121112 (Ill. App. Ct. 2013).
— 735 ILCS 5/2-619(2)(9)(a) — 1 case
Deutsche Bank Nat'l Trust Co. v. Muhammad, 2019 IL App (1st) 182077-U (Ill. App. Ct. 2019).
— 735 ILCS 5/2-619(3) — 4 cases
Cartwright v. Moore, 913 N.E.2d 1163 (Ill. App. Ct. 2009).
Chicago Title & Trust Co. v. Levine Modified Upon Denial of Rehearing - replaces opinion filed June 19, 2002 (Ill. App. Ct. 2002).
Treadway v. Nations Credit Fin. Servs. Corp. (Ill. App. Ct. 2007).
Lampke v. Pawlarczyk (Ill. App. Ct. 2000).
— 735 ILCS 5/2-619(4) — 4 cases
In re Marriage of Sweet, 2020 IL App (5th) 190387-U (Ill. App. Ct. 2020).
Faults v. Blake, 2020 IL App (5th) 190413-U (Ill. App. Ct. 2020).
In re Marriage of Moro, 2026 IL App (3d) 250257-U (Ill. App. Ct. 2026).
Zurich Ins. Co. v. Amcast Indus. Corp. (Ill. App. Ct. 2000).
— 735 ILCS 5/2-619(5) — 9 cases
Dp v. Mjo, 640 N.E.2d 1323 (Ill. App. Ct. 1994).
Hubble v. Bi-state Dev. Illinois-missouri, 915 N.E.2d 64 (Ill. App. Ct. 2009).
O'Brien v. Scovil (Ill. App. Ct. 2002).
Gardner v. Chears, 2026 IL App (1st) 242218-U (Ill. App. Ct. 2026).
Tatara v. Peterson Diving Serv. (Ill. App. Ct. 1996).
— 735 ILCS 5/2-619(6) — 1 case
Fin. Freedom v. Kirgis (Ill. App. Ct. 2007).
— 735 ILCS 5/2-619(9) — 9 cases
In Re Ec, 786 N.E.2d 590 (Ill. App. Ct. 2003).
Graves v. Cook Cnty. Repub. Party, 2019 IL App (1st) 181516 (Ill. App. Ct. 2021).
Chicago Title Ins. Co. v. The Teachers' Ret. Sys. of the State of Illinois, 2014 IL App (1st) 131452 (Ill. App. Ct. 2014).
Shehadeh v. Downey, 2020 IL App (3d) 170158-U (Ill. App. Ct. 2020).
Grissom v. Dep't of Corr., 2021 IL App (3d) 190139-U (Ill. App. Ct. 2021).
— 735 ILCS 5/2-619(a) — 150 cases
Ultsch v. Illinois Mun. Ret. Fund, 874 N.E.2d 1 (Ill. 2007).
Khan v. Fur Keeps Animal Rescue, Inc., 2021 IL App (1st) 182694 (Ill. App. Ct. 2021). “See 735 ILCS 5/2-619 (West 2018) (motion is filed by defendant “within the time for pleading”).”
Trzop v. Hudson, 2015 IL App (1st) 150419 (Ill. App. Ct. 2015).
Solaia Tech., LLC v. Specialty Publ'g Co., 852 N.E.2d 825 (Ill. 2006).
Barber v. Am. Airlines, Inc., 925 N.E.2d 1240 (Ill. App. Ct. 2010).
— 735 ILCS 5/2-619(a)(1) — 193 cases
Borowiec v. GATEWAY 2000, INC., 808 N.E.2d 957 (Ill. 2004). “Pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619 (West 2000)), on October 22, 2001, Gateway filed a motion to dismiss the complaint or, in the alternative, to compel arbitration and stay the proceedings pending completion of arbitration.”
Leetaru v. The Bd. of Trs. of the Univ. of Illinois, 2015 IL 117485 (Ill. 2015).
Goral v. Dart, 2020 IL 125085 (Ill. 2020).
Bianchi v. McQueen, 2016 IL App (2d) 150646 (Ill. App. Ct. 2016).
Arbogast v. Chicago Cubs Baseball Club, LLC, 2021 IL App (1st) 210526 (Ill. App. Ct. 2021).
— 735 ILCS 5/2-619(a)(2) — 26 cases
In re Huron Consulting Grp., 2012 IL App (1st) 103519 (Ill. App. Ct. 2012).
Herns v. Symphony Jackson Square LLC, 2021 IL App (1st) 201064 (Ill. App. Ct. 2021).
Asher Farm Ltd. P'ship v. Wolsfeld, 2022 IL App (2d) 220072 (Ill. App. Ct. 2022).
Workforce Solutions v. Urban Servs. of Am., Inc., 2012 IL App (1st) 111410 (Ill. App. Ct. 2012).
Watkins v. Mellen, 2016 IL App (3d) 140570 (Ill. App. Ct. 2016).
— 735 ILCS 5/2-619(a)(3) — 110 cases
Van Der Hooning v. Bd. of Trs. of the Univ. of Illinois, 2012 IL App (1st) 111531 (Ill. App. Ct. 2012).
Combined Ins. Co. of Am. v. Certain Underwriters at Lloyd's, London, 826 N.E.2d 1089 (Ill. App. Ct. 2005).
Kovak v. Barron, 2014 IL App (2d) 121100 (Ill. App. Ct. 2014).
Overnite Transp. Co. v. Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of Am., AFL-CIO, 773 N.E.2d 26 (Ill. App. Ct. 2002).
Kristen B. v. Dep't of Child. & Fam. Servs., 2022 IL App (1st) 200754 (Ill. App. Ct. 2022).
— 735 ILCS 5/2-619(a)(4) — 126 cases
Richter v. Prairie Farms Dairy, 2016 IL 119518 (Ill. 2016). “Defendant argues that Richter II was barred by (A) the doctrine of res judicata, (B) the rule against claim-splitting, (C) the statute of limitations, and (D) the equitable doctrine of laches.”
Richter v. Prairie Farms Dairy, 2016 IL 119518 (Ill. 2016).
Torcasso v. Stand. Outdoor Sales, Inc., 626 N.E.2d 225 (Ill. 1993).
Kanfer v. Busey Trust Co., 2013 IL App (4th) 121144 (Ill. App. Ct. 2013).
The Hope Clinic for Women, Ltd. v. Flores, 2013 IL 112673 (Ill. 2013).
— 735 ILCS 5/2-619(a)(5) — 334 cases
Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). “The trial court dismissed with prejudice counts V and VI, pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West 2020)). Thereafter, plaintiff filed a notice of appeal challenging the dismissal of count III of its original complaint and the dismissal of all six counts of…”
Moon v. Rhode, 2016 IL 119572 (Ill. 2016).
Brucker v. Mercola, 886 N.E.2d 306 (Ill. 2007).
Alvarez v. Pappas, 890 N.E.2d 434 (Ill. 2008).
Lawler v. The Univ. of Chicago Med. Ctr., 2017 IL 120745 (Ill. 2017).
— 735 ILCS 5/2-619(a)(6) — 32 cases
Badette v. Rodriguez, 2014 IL App (1st) 133004 (Ill. App. Ct. 2014).
Süd Fam. Ltd. P'ship v. Otto Baum Co., 2024 IL App (4th) 220782 (Ill. App. Ct. 2024).
Badette v. Rodriguez, 2014 IL App (1st) 133004 (Ill. App. Ct. 2015).
People ex rel. Madigan v. Kole, 2012 IL App (2d) 110245 (Ill. App. Ct. 2012).
Progressive N. Ins. Co. v. Ayala, 2021 IL App (1st) 200384 (Ill. App. Ct. 2021).
— 735 ILCS 5/2-619(a)(7) — 10 cases
Church Yard Commons Ltd. P'ship v. Podmajersky, Inc., 2017 IL App (1st) 161152 (Ill. App. Ct. 2017).
Goldwater v. Greenberg, 2017 IL App (1st) 163003 (Ill. App. Ct. 2018).
Vanguard Energy Servs., L.L.C. v. Shihadeh, 2017 IL App (2d) 160909 (Ill. App. Ct. 2017).
Church Yard Commons Ltd. P'ship v. Podmajersky, Inc., 2017 IL App (1st) 161152 (Ill. App. Ct. 2017).
Donahue v. Demma, 2021 IL App (1st) 201279-U (Ill. App. Ct. 2021).
— 735 ILCS 5/2-619(a)(9) — 1026 cases
Nw. Illinois Area Agency on Aging v. Basta, 2022 IL App (2d) 210234 (Ill. App. Ct. 2022). “The trial court dismissed with prejudice counts V and VI, pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West 2020)). Thereafter, plaintiff filed a notice of appeal challenging the dismissal of count III of its original complaint and the dismissal of all six counts of…”
Van Meter v. Darien Park Dist., 799 N.E.2d 273 (Ill. 2003). “The municipal defendants filed motions to dismiss, pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 1994)), alleging that they were entitled to discretionary immunity under section 2-201 of the Local Governmental and Governmental…”
Henrich v. Libertyville High Sch., 712 N.E.2d 298 (Ill. 1999). “BACKGROUND This cause is before us following a motion to dismiss pursuant to section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 1994)). The motion admits all well-pled allegations in the complaint and reasonable inferences to be drawn from the facts.”
Vill. of Bloomingdale v. CDG Enter., Inc., 752 N.E.2d 1090 (Ill. 2001). “The Village moved to dismiss the counterclaims pursuant to section 2-619(a)(9) of the Code of Civil Procedure (the Code) (735 ILCS 5/2-619(a)(9) (West 1998)). It asserted sovereign immunity based on various provisions of the Tort Immunity Act (see 745 ILCS 10/2-103, 2-104,…”
McHenry Twp. v. Cnty. of McHenry, 2022 IL 127258 (Ill. 2022).
— 735 ILCS 5/2-619(c) — 45 cases
People v. Stoecker, 2020 IL 124807 (Ill. 2020).
Reynolds v. Jimmy John's Enter., LLC, 2013 IL App (4th) 120139 (Ill. App. Ct. 2013). “In August 2011, the trial court granted defendants’ motions to dismiss and dismissed with prejudice all vicarious liability claims pursuant to section 2-619 of the Code (735 ILCS 5/2-619 (West 2010)) and allowed plaintiff to amend his complaint on theories of direct liability.”
Caruth v. Quinley, 775 N.E.2d 224 (Ill. App. Ct. 2002).
Bryson v. News Am. Publications, Inc., 672 N.E.2d 1207 (Ill. 1996).
Rehfield v. Diocese of Joliet, 2021 IL 125656 (Ill. 2021).
— 735 ILCS 5/2-619(d) — 9 cases
U.S. Bank Nat'l Ass'n v. Gagua, 2020 IL App (1st) 190454 (Ill. App. Ct. 2020).
Davis v. Yenchko, 2024 IL 129751 (Ill. 2024).
In re Adoption of K.B.D., 2012 IL App (1st) 121558 (Ill. App. Ct. 2012).
Treadway v. Nations Credit Fin. Servs. Corp., 892 N.E.2d 534 (Ill. App. Ct. 2008).
Detterbeck v. Detterbeck, 2022 IL App (1st) 220162-U (Ill. App. Ct. 2022).
— 735 ILCS 5/2-619(e) — 1 case
In Re Parentage of GEM, 890 N.E.2d 944 (Ill. App. Ct. 2008).
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