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United States · Illinois civil procedure

When must an Illinois personal-jurisdiction objection be raised?

Section 2-301(a) ordinarily requires the personal-jurisdiction objection before other pleadings or motions, subject to subsection (a-6). The relevant issue is filing sequence, not a universal thirty-day clock. Subsection (a-6) preserves specified initial motions and separately sets sixty days after disposition of an initial Section 2-1301, 2-1401 or 2-1401.1 motion.

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Read why no date is calculated
Period
A sequencing requirement with expressly defined exceptions and a separate sixty-day branch
Trigger
The actual sequence of pleadings, motions and specified disposition orders
Rule
735 ILCS 5/2-301
735 ILCS 5/2-301

Section 2-301 source P.A. 100-291, effective January 1, 2018, corroborated in the current official Code compilation.

Source guide · No automated date

What was filed before the jurisdiction objection?

The filing sequence and statutory exceptions control. A thirty-day service preset cannot detect a prior waiver or classify the later sixty-day branch.

735 ILCS 5/2-301

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What was filed before the jurisdiction objection?

Preserve every prior pleading or motion and its actual filing sequence.

Identify any initial extension-to-plead or Section 2-1301, 2-1401 or 2-1401.1 motion.

Read the actual order disposing of a listed statutory initial motion and any combined motion.

735 ILCS 5/2-301

Which first-paper exceptions matter?

  1. Preserve every prior pleading or motion and its actual filing sequence.
  2. Identify any initial extension-to-plead or Section 2-1301, 2-1401 or 2-1401.1 motion.
  3. Read the actual order disposing of a listed statutory initial motion and any combined motion.
  4. Under subsection (a-6), filing another pleading or motion first ordinarily prospectively waives personal-jurisdiction objections. The listed initial extension and statutory-relief motions are exceptions. The text attaches sixty days to disposition of the specified statutory motions, not merely to an extension request.
  5. File the appropriate dismissal or service-quashing motion with affidavit support unless the relevant facts are apparent from filed papers. Identify combined-motion parts under Section 2-619.1 and preserve the resulting order.

This procedure does not supply one computed date. Establish each required event, selected date or filing sequence before applying any separately governing counting and closed-day provisions.

735 ILCS 5/2-301

What distinguishes the relevant procedural branches?

Fictitious comparison. One party first files a listed extension motion. Another first files an answer. Those first filings have different consequences under subsection (a-6), even if both occur on the same day after service.

The filing sequence and statutory exceptions control. A thirty-day service preset cannot detect a prior waiver or classify the later sixty-day branch.

Which qualifications change the procedure?

Prospective waiver depends on actual filings
Section 2-301(a-6) makes earlier other pleadings or motions consequential, subject to its expressly listed exceptions. Do not treat an unused response period as protection against an earlier waiver.
The sixty-day branch has its own event
The sixty-day period uses the order disposing of an initial Section 2-1301, 2-1401 or 2-1401.1 motion. A motion solely seeking more time to plead does not itself supply that disposition event.
Affidavits have specific requirements
Section 2-301(a) requires an affidavit when the factual basis is not apparent from papers already filed. Rule 191(a) governs personal knowledge and admissible factual support.
Further participation can affect preserved error
Section 2-301(c) addresses waiver of error after an adverse ruling through further participation, with an exception for nonamenability to Illinois process. Preserve the particular ground and subsequent proceedings.
735 ILCS 5/2-301
  • This source guide does not compute a date or decide whether the required facts and filings are established.
  • Preserve the applicable edition, actual documents and court orders. A different procedural branch requires its own review.

What must be completed and preserved?

Questions about 735 ILCS 5/2-301

When must an Illinois personal-jurisdiction objection be raised?

Is thirty days from service the Section 2-301 deadline?

No. This provision governs sequencing and specified exceptions. Review the actual summons response separately.

735 ILCS 5/2-301

Does an initial request for more time automatically start sixty days?

No. The sixty-day language refers to disposition of the specified initial statutory-relief motions.

735 ILCS 5/2-301

May the objection accompany a statutory-relief motion?

Subsection (a-6) expressly permits combination with Section 2-1301, 2-1401 or 2-1401.1 without waiving the jurisdiction objection.

735 ILCS 5/2-301

Official procedural sources and review

Provisions used (8)
Provisions used in this guide
ProvisionPurpose
735 ILCS 5/2-301The specific statutory actor, triggering event, period and qualifications
Illinois Supreme Court Rule 191(a)Jurisdiction affidavit requirements
735 ILCS 5/2-619.1Identified combined-motion parts
5 ILCS 70/1.11Triggering-day exclusion and the final eligible day
205 ILCS 630/17(a), (d)Illinois statutory holidays and consecutive excluded days
Illinois Supreme Court Rule 9(f)Applicable court filing, service and proof requirements, separate from agency service
Illinois Supreme Court Rule 11Applicable court filing, service and proof requirements, separate from agency service
Illinois Supreme Court Rule 12Applicable court filing, service and proof requirements, separate from agency service
Read the official provision

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