2-1001.Substitution of judge.
Article II. Civil Practice · Part 10. Pre-trial Steps · Last amended 2006 · Last verified July 20, 2026
Full Text of 735 ILCS 5/2-1001
Plain-English Summary
Section 2-1001 sets out four distinct paths to substituting the judge assigned to a civil case. The first covers the judge's own involvement: when the judge is a party, has an interest in the case, has testimony material to either side, or is related to or was counsel for a party, the court can order a substitution with or without either party asking.
The second path is substitution as of right — each party gets one substitution without having to give any reason at all. To use it, a party must file a motion before trial or hearing begins and before the assigned judge has ruled on any substantial issue in the case, or the parties can instead consent to the substitution. The statute protects parties who have not yet appeared: if a party has not appeared and has not been found in default, rulings the judge made on a substantial issue before that party's appearance do not count against an otherwise timely request for substitution as of right.
The third path, substitution for cause, lets a party get a judge removed by showing an actual reason. This requires a verified petition setting out the specific cause, and a hearing on whether that cause exists takes place before a different judge — the judge named in the petition need not testify but may submit an affidavit. If the petition succeeds, the case goes to a judge not named in it; if it fails, the case returns to the original judge.
The fourth path applies narrowly to contempt proceedings arising from an attack on a judge's character or conduct that happened outside open court: a defendant who fears an unfair trial before the judge whose character was impugned can seek substitution by verified petition filed before the contempt trial. Once any substitution is granted, Section 2-1001(c) lets the case go to another judge in the same county or a convenient county with no valid objection, and if it moves to another county, the transfer procedures in Section 2-1001.5 apply.
Frequently Asked Questions
How many substitutions of judge is a party entitled to without giving any reason?
One. Section 2-1001(a)(2) entitles each party to a single substitution of judge as of right, without cause, so long as the request is timely.
What is the deadline for filing a motion for substitution of judge as of right?
The motion must be presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case — unless the parties consent to the substitution regardless of timing.
What must a party show to get a substitution of judge “for cause”?
A verified petition setting out the specific cause for the substitution. Unlike substitution as of right, this path requires an actual reason and is not limited to one per party.
Who decides whether cause exists for a substitution of judge?
A judge other than the one named in the petition holds a hearing on whether cause exists. If the petition is granted, the case is reassigned to a judge not named in it; if denied, the case returns to the originally assigned judge.
Can a judge be substituted without either party asking?
Yes, in one situation. When the judge is a party, is interested in the case, has testimony material to either side, or is related to or has been counsel for a party, Section 2-1001(a)(1) lets the court award a substitution with or without either party's application.
Amendment History
(Source: P.A. 94-531, eff. 1-1-06.)