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.
- 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
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 5/2-301What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
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 5/2-301Which first-paper exceptions matter?
- 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.
- 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.
- 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 5/2-301What 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.
- 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 5/2-301Does 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 5/2-301May 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 5/2-301Official procedural sources and review
Provisions used (8)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/2-301 | The specific statutory actor, triggering event, period and qualifications |
| Illinois Supreme Court Rule 191(a) | Jurisdiction affidavit requirements |
| 735 ILCS 5/2-619.1 | Identified combined-motion parts |
| 5 ILCS 70/1.11 | Triggering-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 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |