(a) No order or judgment is void because rendered in the wrong venue, except in case of judgment by confession as provided in subsection (c) of Section 2-1301 of this Act. No action shall abate or be dismissed because commenced in the wrong venue if there is a proper venue to which the cause may be transferred.
2-104.Wrong venue - Waiver - Motion to transfer.
Article II. Civil Practice · Part 1. Venue · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceProvides that a judgment is not void just because it was entered in the wrong venue, that a case filed in the wrong venue should not be dismissed if a proper venue is available for transfer, and that a defendant waives any venue objection unless a timely motion to transfer is filed.
Full Text of 735 ILCS 5/2-104
(b) All objections of improper venue are waived by a defendant unless a motion to transfer to a proper venue is made by the defendant on or before the date upon which he or she is required to appear or within any further time that may be granted him or her to answer or move with respect to the complaint, except that if a defendant upon whose residence venue depends is dismissed upon motion of plaintiff, a remaining defendant may promptly move for transfer as though the dismissed defendant had not been a party.
(c) Motions for transfer to a proper venue may be supported and opposed by affidavit. In determining issues of fact raised by affidavits, any competent evidence adduced by the parties shall also be considered. The determination of any issue of fact in connection with a motion to transfer does not constitute a determination of the merits of the case or any aspect thereof.
Plain-English Summary
This section softens the consequence of filing, or defending, in the wrong venue. Under subsection (a), no order or judgment is void just because it was rendered in the wrong venue, except for a confession of judgment under subsection (c) of Section 2-1301. And no action should abate or be dismissed for being commenced in the wrong venue if a proper venue exists to which the case can be transferred.
Subsection (b) makes the objection one a defendant can lose by inaction. All objections to improper venue are waived unless the defendant moves to transfer to a proper venue by the deadline to appear, or within any extended time granted to answer or otherwise move against the complaint. If a defendant whose residence fixed venue is later dismissed on the plaintiff's motion, a remaining defendant may then promptly move to transfer as if the dismissed defendant had never been a party.
Subsection (c) allows affidavits and other competent evidence to support or oppose a motion to transfer, and makes clear that resolving a factual dispute on that motion does not decide the merits of the case.
Frequently Asked Questions
Does filing in the wrong venue make a judgment void?
No, except for a confession of judgment entered under subsection (c) of Section 2-1301.
What happens to a case filed in the wrong venue if a proper venue exists?
Under subsection (a), it should not abate or be dismissed; it can instead be transferred.
How does a defendant preserve an objection to improper venue?
By moving to transfer to a proper venue by the deadline to appear, or within any further time granted to answer or move against the complaint, under subsection (b).
What if venue depended on a defendant who is later dismissed on the plaintiff's motion?
A remaining defendant may then promptly move to transfer, as though the dismissed defendant had never been a party.
Can affidavits be used on a motion to transfer for improper venue?
Yes, under subsection (c), along with other competent evidence, and resolving any factual dispute on the motion does not decide the merits of the case.
Amendment History
(Source: P.A. 83-707.)
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: waiver of venue objection Illinoismotion to transfer venue Illinoisis a judgment void for wrong venuedeadline to object to improper venue