(a) The provisions of Article II of this Act apply to all proceedings covered by Articles III through XIX of this Act except as otherwise provided in each of the Articles III through XIX, respectively.
1-108.Civil Practice Law applies.
Article I. General Provisions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceMakes Article II, the Civil Practice Law, the default procedure for every proceeding under Articles III through XIX unless another Article says otherwise, lets other statutes control procedure where they directly regulate it, and falls back on common-law practice for anything neither a statute nor a court rule addresses.
Full Text of 735 ILCS 5/1-108
(b) In proceedings in which the procedure is regulated by statutes other than those contained in this Act, such other statutes control to the extent to which they regulate procedure but Article II of this Act applies to matters of procedure not regulated by such other statutes.
(c) As to all matters not regulated by statute or rule of court, the practice at common law prevails.
Plain-English Summary
This section explains how the different parts of Illinois procedure fit together. Under subsection (a), Article II's Civil Practice Law applies by default to all proceedings covered by Articles III through XIX of this Code, except where each of those Articles provides otherwise.
Subsection (b) addresses proceedings governed by statutes outside this Code. Those other statutes control procedure to the extent they regulate it, but Article II still applies to procedural matters those other statutes leave unregulated.
Subsection (c) supplies the last fallback: for any matter not regulated by statute or court rule, the practice at common law prevails. Read together, the three subsections form a hierarchy for finding the applicable procedure, from a specialized Article's own rules, to Article II, to other governing statutes, and finally to the common law.
Frequently Asked Questions
Which Articles does Article II's Civil Practice Law apply to by default?
Articles III through XIX of this Code, except where each of those Articles provides otherwise.
What happens if a proceeding is governed by a statute outside this Code?
Under subsection (b), that other statute controls procedure to the extent it regulates it, but Article II still fills any procedural gap that statute leaves unregulated.
What governs a procedural question that no statute or court rule addresses?
Under subsection (c), the practice at common law prevails.
Does this section override a more specific procedural rule found in another Article of this Code?
No. Subsection (a) is expressly subject to exceptions "otherwise provided in each of the Articles III through XIX."
Why does this section matter for someone researching a specialized type of Illinois case?
It explains where to look for procedure when a specialized Article does not address a particular point: to Article II first, then to the common law.
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: Civil Practice Law applies to which casesArticle II Illinois Code of Civil Proceduredefault civil procedure rules Illinoisgap-filling procedure statute Illinois