Article II. Civil Practice · Part 10. Pre-trial Steps · Last amended 2006 · Last verified July 20, 2026
In one sentenceSection 2-1001 lets a party get a different judge assigned to a civil case — automatically when the judge has a personal stake in it, once as of right without any reason if asked early enough, for a proven cause after a verified petition and hearing, or in a contempt proceeding tied to an attack on a judge's character.
Full Text of 735 ILCS 5/2-1001
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(a)A substitution of judge in any civil action may be had in the following situations:
(1)Involvement of judge. When the judge is a party or interested in the action, or his or her testimony is material to either of the parties to the action, or he or she is related to or has been counsel for any party in regard to the matter in controversy. In any such situation a substitution of judge may be awarded by the court with or without the application of either party.
(2)Substitution as of right. When a party timely exercises his or her right to a substitution without cause as provided in this paragraph (2).
(i)Each party shall be entitled to one substitution of judge without cause as a matter of right.
(ii)An application for substitution of judge as of right shall be made by motion and shall be granted if it is presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case, or if it is presented by consent of the parties.
(iii) If any party has not entered an appearance in the case and has not been found in default, rulings in the case by the judge on any substantial issue before the party's appearance shall not be grounds for denying an otherwise timely application for substitution of judge as of right by the party. (3) Substitution for cause. When cause exists.
(i)Each party shall be entitled to a substitution or substitutions of judge for cause.
(ii)Every application for substitution of judge for cause shall be made by petition, setting forth the specific cause for substitution and praying a substitution of judge. The petition shall be verified by the affidavit of the applicant.
(iii) Upon the filing of a petition for substitution of judge for cause, a hearing to determine whether the cause exists shall be conducted as soon as possible by a judge other than the judge named in the petition. The judge named in the petition need not testify but may submit an affidavit if the judge wishes. If the petition is allowed, the case shall be assigned to a judge not named in the petition. If the petition is denied, the case shall be assigned back to the judge named in the petition. (4) Substitution in contempt proceedings. When any defendant in a proceeding for contempt arising from an attack upon the character or conduct of a judge occurring otherwise than in open court, and the proceeding is pending before the judge whose character or conduct was impugned, fears that he or she will not receive a fair and impartial trial before that judge. In any such situation the application shall be by petition, verified by the applicant, and shall be filed before the trial of the contempt proceeding. (b) An application for substitution of judge may be made to the court in which the case is pending, reasonable notice of the application having been given to the adverse party or his or her attorney. (c) When a substitution of judge is granted, the case may be assigned to some other judge in the same county, or in some other convenient county, to which there is no valid objection. If the case is assigned to a judge in some other county, the provisions of subsections (f) through (m) of Section 2-1001.5 shall apply.
Plain-English Summary
Section 2-1001 sets out four distinct paths to substituting the judge assigned to a civil case. The first covers the judge's own involvement: when the judge is a party, has an interest in the case, has testimony material to either side, or is related to or was counsel for a party, the court can order a substitution with or without either party asking.
The second path is substitution as of right — each party gets one substitution without having to give any reason at all. To use it, a party must file a motion before trial or hearing begins and before the assigned judge has ruled on any substantial issue in the case, or the parties can instead consent to the substitution. The statute protects parties who have not yet appeared: if a party has not appeared and has not been found in default, rulings the judge made on a substantial issue before that party's appearance do not count against an otherwise timely request for substitution as of right.
The third path, substitution for cause, lets a party get a judge removed by showing an actual reason. This requires a verified petition setting out the specific cause, and a hearing on whether that cause exists takes place before a different judge — the judge named in the petition need not testify but may submit an affidavit. If the petition succeeds, the case goes to a judge not named in it; if it fails, the case returns to the original judge.
The fourth path applies narrowly to contempt proceedings arising from an attack on a judge's character or conduct that happened outside open court: a defendant who fears an unfair trial before the judge whose character was impugned can seek substitution by verified petition filed before the contempt trial. Once any substitution is granted, Section 2-1001(c) lets the case go to another judge in the same county or a convenient county with no valid objection, and if it moves to another county, the transfer procedures in Section 2-1001.5 apply.
Frequently Asked Questions
How many substitutions of judge is a party entitled to without giving any reason?
One. Section 2-1001(a)(2) entitles each party to a single substitution of judge as of right, without cause, so long as the request is timely.
What is the deadline for filing a motion for substitution of judge as of right?
The motion must be presented before trial or hearing begins and before the judge to whom it is presented has ruled on any substantial issue in the case — unless the parties consent to the substitution regardless of timing.
What must a party show to get a substitution of judge “for cause”?
A verified petition setting out the specific cause for the substitution. Unlike substitution as of right, this path requires an actual reason and is not limited to one per party.
Who decides whether cause exists for a substitution of judge?
A judge other than the one named in the petition holds a hearing on whether cause exists. If the petition is granted, the case is reassigned to a judge not named in it; if denied, the case returns to the originally assigned judge.
Can a judge be substituted without either party asking?
Yes, in one situation. When the judge is a party, is interested in the case, has testimony material to either side, or is related to or has been counsel for a party, Section 2-1001(a)(1) lets the court award a substitution with or without either party's application.
Amendment History
(Source: P.A. 94-531, eff. 1-1-06.)
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 substitution of judgesubstitution of judge as of right illinoismotion to substitute judge for cause illinoisremoving a judge from a civil case illinois