2-213.Waiver of service.
Article II. Civil Practice · Part 2. Process · Not amended since adoption on record · Last verified July 20, 2026
Full Text of 735 ILCS 5/2-213
Plain-English Summary
Subsection (a) lets a plaintiff notify a defendant of a pending action and request a waiver of service of summons. The notice and request must be in writing on a Supreme Court prescribed form, addressed to an individual defendant or someone who could be served as a representative of an entity defendant, sent by first-class mail or an equally reliable means, include a copy of the complaint and identify the filing court, explain the consequences of complying or not, allow at least 30 days to return the waiver, 60 days if the defendant is addressed outside the United States, and include an extra copy and prepaid means for a written response.
Subsection (b) protects the defendant who does waive: waiving service does not waive any objection to venue or to the court's jurisdiction over the defendant. Subsection (c) rewards that waiver with more time, 60 days from when the request was sent, or 90 days if the defendant was addressed outside the United States, to appear or answer.
Subsection (d) treats a filed waiver as equivalent to service, letting the action proceed as if summons and complaint had been served at the time of filing, with no proof of service required. Subsection (e) preserves the defendant's right to refuse: if the defendant does not return the waiver, the plaintiff must serve summons in the ordinary way under this Code and Supreme Court rules.
Frequently Asked Questions
What must the notice and request for waiver contain under subsection (a)?
It must be addressed to the defendant or a proper representative, sent by first-class mail or an equally reliable method, include a copy of the complaint and identify the filing court, explain the consequences of complying or not, give at least 30 days to respond, 60 days if addressed outside the United States, and include an extra copy and prepaid means to return the waiver in writing.
Does waiving service also waive objections to venue or personal jurisdiction?
No. Subsection (b) says waiving service does not thereby waive any objection to venue or to the court's jurisdiction over the defendant.
How much extra time does a defendant get to answer after returning a timely waiver?
60 days from when the waiver request was sent, or 90 days if the defendant was addressed outside the United States, under subsection (c).
What happens once the plaintiff files the waiver with the court?
Under subsection (d), the action proceeds as if summons and complaint had been served at the time the waiver was filed, and no proof of service is required.
What if the defendant does not return the waiver?
Under subsection (e), the defendant may refuse to waive service, and the plaintiff must then serve summons in the ordinary way under this Code and Supreme Court rules.
Amendment History
(Source: P.A. 87-352.)