(a) Transfer for wrong venue. If a motion to transfer is allowed on the ground that the action was commenced in a wrong venue, the cause shall be transferred to the court in a proper venue, subject to any equitable terms and conditions that may be prescribed.
2-106.Transfer.
Article II. Civil Practice · Part 1. Venue · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceExplains that once a court grants a wrong-venue transfer motion, the case moves to a proper venue subject to any equitable terms, and sets out the clerical steps for certifying and sending the case file so it proceeds as if it started in the receiving court.
Full Text of 735 ILCS 5/2-106
(b) Method of transfer. The clerk of the court from which a transfer is granted shall immediately certify and transmit to the clerk of the court to which the transfer is ordered the originals of all papers filed in the case together with copies of all orders entered therein. In the event of a severance, certified copies of papers filed and orders entered shall be transmitted. The clerk of the court to which the transfer is ordered shall file the papers and transcript transmitted to him or her and docket the case, and the action shall proceed and be determined as if it had originated in that court.
Plain-English Summary
Subsection (a) states the outcome once a wrong-venue transfer motion is allowed: the case is transferred to a court in a proper venue, subject to any equitable terms and conditions the court prescribes.
Subsection (b) sets the mechanics that carry out that transfer. The clerk of the transferring court must immediately certify and transmit to the clerk of the receiving court the originals of all filed papers, along with copies of all entered orders; if the case involved a severance, certified copies of the filed papers and orders go instead. The receiving clerk then files the transmitted papers and transcript, dockets the case, and the action proceeds and is determined as if it had originated in that court.
Frequently Asked Questions
What happens once a court grants a motion to transfer for wrong venue?
Under subsection (a), the case is transferred to a court in a proper venue, subject to any equitable terms and conditions the court prescribes.
What must the transferring clerk do?
Immediately certify and transmit to the receiving court's clerk the originals of all filed papers, along with copies of all entered orders.
What happens if there has been a severance before the transfer?
Certified copies, rather than originals, of the filed papers and entered orders are transmitted instead.
What does the receiving clerk do with the transferred file?
File the transmitted papers and transcript and docket the case.
Does the case restart once it reaches the new court?
No. It proceeds and is determined as if it had originated in that court.
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: how a venue transfer works in Illinoisclerk procedure for transferring a casecase transferred to a new county Illinoissteps to transfer venue