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Illinois Compiled Statutes

735 ILCS 5/2-802 (2026)

Order and findings relative to the class

✓ current as of May 2026
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(735 ILCS 5/2-802) (from Ch. 110, par. 2-802)
    Sec. 2-802. Order and findings relative to the class. (a) Determination of Class. As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it may be so maintained and describe those whom the court finds to be members of the class. This order may be conditional and may be amended before a decision on the merits.
    (b) Class Action on Limited Issues and Sub-classes. When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or divided into sub-classes and each sub-class treated as a class. The provisions of this rule shall then be construed and applied accordingly.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1994–2025 · leading case: Rosolowski v. Clark Refining & Mktg., 890 N.E.2d 1011 (Ill. App. Ct. 2008).
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Rosolowski v. Clark Refining & Mktg., 890 N.E.2d 1011 (Ill. App. Ct. 2008). · cites it 6× “At this late date, after everyone has relied on these certification rulings for years, it makes no sense to take the case away from the plaintiffs in the end zone — to rob them of even the opportunity of offering a plan to apportion damages.”
Avery v. State Farm Mut. Auto. Ins., 835 N.E.2d 801 (Ill. 2005). “Thus, on remand, I would direct the circuit court to hold a hearing to determine which (if any) of the states that have been the subject of evidence in these proceedings is sufficiently closely aligned with Illinois law that the use of Illinois law to determine the contractual…”
Uesco Indus., Inc. v. Poolman of Wisconsin, Inc., 2013 IL App (1st) 112566 (Ill. App. Ct. 2013). · cites it 2× “Illinois Supreme Court Rule 306(a)(8), which was the means through which defendant appealed to this court, allows a party to appeal from an order from the circuit court “denying or granting certification of a class action” under section 2-802 of the Code (735 ILCS 5/2-802 (West…”
Mashal v. City of Chicago, 2012 IL 112341 (Ill. 2012). “) 735 ILCS 5/2-802(a) (West 2004). As the appellate court correctly noted, the Code does not define the term “decision on the merits” (see 735 ILCS 5/1-101 et seq.”
In Re Illinois Bell Switching Station Litig., 641 N.E.2d 440 (Ill. 1994). “" Before the circuit court passed on the question of whether the action should, in fact, be maintained as a class action (735 ILCS 5/2-802(a) (West 1992)), it dismissed the first-amended joint complaint on Illinois Bell's motion on the grounds that it was substantially…”
Lee v. Buth-Na-Bodhaige, Inc., 2019 IL App (5th) 180033 (Ill. App. Ct. 2019). “735 ILCS 5/2-802(b) (West 2016). In other words, each sub-class is judged by the same rules that apply to the overall class.”
Barber v. Am. Airlines, Inc., 925 N.E.2d 1240 (Ill. App. Ct. 2010). “3d at 152 ; see also 735 ILCS 5/2-802 (West 2008). The Arriola court interpreted this language as implicitly holding that a class action plaintiff must be given a "reasonable opportunity" to move for class certification before the case can be dismissed.”
Shannon v. Boise Cascade, 783 N.E.2d 1105 (Ill. App. Ct. 2003). “735 ILCS 5/2-802(a) (West 2000). The circuit court entered summary judgment in favor of defendant, Boise Cascade.”
Shannon v. Boise Cascade, 766 N.E.2d 1136 (Ill. App. Ct. 2002). “735 ILCS 5/2-802(a) (West 2000). The circuit court entered summary judgment in favor of defendant, Boise Cascade.”
Cohen v. Compact Power Sys., LLC, 887 N.E.2d 668 (Ill. App. Ct. 2008). “2d 221 (quoting 735 ILCS 5/2-802(a) (West 1998), and also quoting Nelson v.”
Grimes v. Sage Telecom Commc'ns, LLC, 2018 IL App (1st) 171455 (Ill. App. Ct. 2018). “" 735 ILCS 5/2-802 (West 2016). The plaintiff maintains that he was denied an award of costs only because he sought to represent a class.”
Grimes v. Sage Telecom Commc'ns, LLC, 2018 IL App (1st) 171455 (Ill. App. Ct. 2018). “” 735 ILCS 5/2-802 (West 2016). The plaintiff maintains that he was denied an award of costs only because he sought to represent a class.”
Show all 26 citing cases →
— 735 ILCS 5/2-802(a) — 15 cases
Avery v. State Farm Mut. Auto. Ins., 835 N.E.2d 801 (Ill. 2005). “Thus, on remand, I would direct the circuit court to hold a hearing to determine which (if any) of the states that have been the subject of evidence in these proceedings is sufficiently closely aligned with Illinois law that the use of Illinois law to determine the contractual…”
Rosolowski v. Clark Refining & Mktg., 890 N.E.2d 1011 (Ill. App. Ct. 2008). “At this late date, after everyone has relied on these certification rulings for years, it makes no sense to take the case away from the plaintiffs in the end zone — to rob them of even the opportunity of offering a plan to apportion damages.”
Mashal v. City of Chicago, 2012 IL 112341 (Ill. 2012). “) 735 ILCS 5/2-802(a) (West 2004). As the appellate court correctly noted, the Code does not define the term “decision on the merits” (see 735 ILCS 5/1-101 et seq.”
In Re Illinois Bell Switching Station Litig., 641 N.E.2d 440 (Ill. 1994). “" Before the circuit court passed on the question of whether the action should, in fact, be maintained as a class action (735 ILCS 5/2-802(a) (West 1992)), it dismissed the first-amended joint complaint on Illinois Bell's motion on the grounds that it was substantially…”
Uesco Indus., Inc. v. Poolman of Wisconsin, Inc., 2013 IL App (1st) 112566 (Ill. App. Ct. 2013). “Illinois Supreme Court Rule 306(a)(8), which was the means through which defendant appealed to this court, allows a party to appeal from an order from the circuit court “denying or granting certification of a class action” under section 2-802 of the Code (735 ILCS 5/2-802 (West…”
— 735 ILCS 5/2-802(b) — 2 cases
Lee v. Buth-Na-Bodhaige, Inc., 2019 IL App (5th) 180033 (Ill. App. Ct. 2019). “735 ILCS 5/2-802(b) (West 2016). In other words, each sub-class is judged by the same rules that apply to the overall class.”
Mele v. Howmedica, Inc. (Ill. App. Ct. 2004).
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