2-101.Generally.

Article II. Civil Practice · Part 1. Venue · Last amended 1999 · Last verified July 20, 2026

In one sentenceSets the basic venue rule that a civil action must be filed in the county of residence of a good-faith defendant or the county where the underlying transaction occurred, allows filing anywhere when every defendant is a nonresident, and adds special venue rules for bounced child-support payments and certain municipal ordinance suits.

Full Text of 735 ILCS 5/2-101

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Except as otherwise provided in this Act, every action must be commenced (1) in the county of residence of any defendant who is joined in good faith and with probable cause for the purpose of obtaining a judgment against him or her and not solely for the purpose of fixing venue in that county, or (2) in the county in which the transaction or some part thereof occurred out of which the cause of action arose. If a check, draft, money order, or other instrument for the payment of child support payable to or delivered to the State Disbursement Unit established under Section 10-26 of the Illinois Public Aid Code is returned by the bank or depository for any reason, venue for the enforcement of any criminal proceedings or civil cause of action for recovery and attorney fees shall be in the county where the principal office of the State Disbursement Unit is located. If all defendants are nonresidents of the State, an action may be commenced in any county. If the corporate limits of a city, village or town extend into more than one county, then the venue of an action or proceeding instituted by that municipality to enforce any fine, imprisonment, penalty or forfeiture for violation of any ordinance of that municipality, regardless of the county in which the violation was committed or occurred, may be in the appropriate court (i) in the county wherein the office of the clerk of the municipality is located or (ii) in any county in which at least 35% of the territory within the municipality's corporate limits is located.

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Plain-English Summary

This section is the general venue rule for Illinois civil actions. It requires that a suit be commenced either in the county of residence of a defendant who is joined in good faith and with probable cause to obtain a judgment against them, and not solely to fix venue there, or in the county where the transaction, or part of it, giving rise to the claim occurred.

If every defendant is a nonresident of Illinois, the action may be commenced in any county. The section also carves out a special venue rule for enforcing criminal or civil claims over a bounced check, draft, money order, or similar instrument for child support payable through the State Disbursement Unit, placing venue in the county where that unit's principal office sits.

Finally, the section addresses municipalities whose corporate limits cross county lines, letting a suit to enforce a municipal ordinance be brought either in the county holding the municipal clerk's office or in any county containing at least 35% of the municipality's territory.

Frequently Asked Questions

Where can a plaintiff normally file a civil action under this section?

In the county of residence of a defendant joined in good faith and with probable cause, or in the county where the transaction, or part of it, giving rise to the claim occurred.

What if every defendant lives outside Illinois?

The action may be commenced in any county.

Does joining a defendant just to fix venue in a particular county satisfy this section?

No. The defendant must be joined in good faith and with probable cause to obtain a judgment against them, not solely to fix venue in that county.

What special venue rule applies to a bounced child-support payment instrument?

Venue for enforcing the related criminal proceeding or civil recovery and attorney-fee claim lies in the county where the State Disbursement Unit's principal office is located.

How does venue work when a municipality's territory spans more than one county?

A suit to enforce that municipality's ordinance may be brought in the county holding the municipal clerk's office, or in any county containing at least 35% of the municipality's corporate territory.

Amendment History

(Source: P.A. 91-212, eff. 7-20-99.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: Illinois venue rule civil actionwhere to file a lawsuit in Illinoiscounty of residence venue Illinoisjoining a defendant to fix venuevenue for civil action Illinois