This Act shall be liberally construed, to the end that controversies may be speedily and finally determined according to the substantive rights of the parties. The rule that statutes in derogation of the common law must be strictly construed does not apply to this Act or to the rules made in relation thereto.
1-106.Act to be liberally construed.
Article I. General Provisions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDirects that this Code be read liberally so controversies get decided speedily and finally on the parties' substantive rights, and states that the old common-law rule of construing statutes narrowly does not apply to this Act or its rules.
Full Text of 735 ILCS 5/1-106
Plain-English Summary
This section sets the interpretive lens for the whole Code. It says the Act should be liberally construed, aiming at speedy and final determination of controversies according to the substantive rights of the parties, rather than narrow, technical readings.
It then rejects a specific interpretive tradition: the common-law rule that statutes in derogation of the common law must be strictly construed. That rule, the section says, does not apply to this Act or to the rules made under it.
The section does not change any specific deadline, procedure, or requirement found elsewhere in the Code. It is a directive about how to read the Code and its rules, favoring outcomes reached on the merits over outcomes driven by technical construction.
Frequently Asked Questions
What does "liberally construed" mean under this section?
Reading the Code so controversies are decided speedily and finally according to the parties' substantive rights, rather than through a narrow or technical reading.
Does the common-law rule about strictly construing statutes apply to this Code?
No. The section expressly states that rule does not apply to this Act or to the rules made in relation to it.
Why reject strict construction for a procedural code?
The section's own language favors deciding controversies on the parties' substantive rights, which points away from narrow, technical readings of the text.
Does this section change any specific deadline or procedural rule?
No. It is an interpretive directive rather than a rule setting a date, number, or specific procedure.
Does the liberal-construction rule cover rules made under the Act, or just the statute itself?
The liberal-construction sentence itself names only "this Act." It is the section's second sentence, rejecting strict construction of statutes in derogation of the common law, that expressly extends to both "this Act" and "the rules made in relation thereto."
Amendment History
(Source: P.A. 82-280.)
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: liberal construction Illinois civil procedurestatutes in derogation of common lawpurpose of the Code of Civil Procedureinterpreting Illinois procedural rules