Where relief is sought under Article XI of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms, and the court shall grant the relief to which plaintiff is entitled on the amended pleadings or upon the evidence. In considering whether a proposed amendment is just and reasonable, the court shall consider the right of the defendant to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third party complaint, and to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.
11-107.Seeking wrong remedy not fatal.
Article XI. Injunction · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires a court to let a plaintiff amend the pleadings, rather than dismiss the case, when the plaintiff proved facts entitling them to relief but asked for the wrong remedy under Article XI.
Full Text of 735 ILCS 5/11-107
Plain-English Summary
Section 11-107 protects a plaintiff from losing a case on a labeling mistake. If a court decides -- on a motion directed to the pleadings, a motion for summary judgment, or at trial -- that the plaintiff pleaded or established facts entitling the plaintiff to relief, but sought the wrong remedy under Article XI, the court does not just deny relief. Instead it must permit the pleadings to be amended, on terms that are just and reasonable, and then grant the relief the amended pleadings or the evidence supports.
The statute guides what "just and reasonable" terms look like. In deciding on an amendment, the court must weigh the defendant's right to raise additional defenses, demand a jury trial, plead a counterclaim or third-party complaint, and require the plaintiff to take additional steps that the original pleadings did not call for. The point is to let substance control over the form of the request, while still giving the defendant a fair chance to respond to whatever the amended case asks for.
Frequently Asked Questions
What happens if a plaintiff proves their case but asked for the wrong injunctive remedy?
Section 11-107 requires the court to permit the pleadings to be amended, on just and reasonable terms, rather than deny relief outright, once the court determines the plaintiff pleaded or established facts entitling them to relief.
At what stage of the case can this wrong-remedy correction happen?
The statute applies whether the court's determination comes on a motion directed to the pleadings, a motion for summary judgment, or at trial.
What must the court consider before allowing the plaintiff to amend?
The court must consider the defendant's right to assert additional defenses, demand a jury trial, plead a counterclaim or third-party complaint, and require the plaintiff to take additional steps not required under the pleadings as originally filed.
Does the court grant relief based on the original pleadings or the amended ones?
The court grants the relief the plaintiff is entitled to based on the amended pleadings or the evidence, once the amendment has been permitted on just and reasonable terms.
Does this section create a new cause of action, or just fix the remedy sought?
It addresses only the remedy. The plaintiff must already have pleaded or established the underlying facts entitling them to relief; the section lets the pleadings be corrected as to which remedy under Article XI those facts support.
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: wrong injunctive remedy illinoisamend pleadings injunction illinoiswrong equitable remedy illinoisamend complaint wrong relief illinois