In all cases tried without a jury, defendant may, at the close of plaintiff's case, move for a finding or judgment in his or her favor. In ruling on the motion the court shall weigh the evidence, considering the credibility of the witnesses and the weight and quality of the evidence. If the ruling on the motion is favorable to the defendant, a judgment dismissing the action shall be entered. If the ruling on the motion is adverse to the defendant, the defendant may proceed to adduce evidence in support of his or her defense, in which event the motion is waived.
2-1110.Motion in non-jury case to find for defendant at close of plaintiff's evidence.
Article II. Civil Practice · Part 11. Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a defendant in a bench trial move for judgment at the close of the plaintiff's case, requires the judge to weigh the evidence and witness credibility rather than just view it favorably to the plaintiff, and lets the defendant present a defense if that motion loses.
Full Text of 735 ILCS 5/2-1110
Plain-English Summary
In cases tried without a jury, the defendant may move for a finding or judgment in its favor at the close of the plaintiff's case. Ruling on the motion, the court weighs the evidence, considering the credibility of the witnesses and the weight and quality of the evidence -- a real weighing standard, rather than a test that views the evidence only in the plaintiff's favor.
If the ruling favors the defendant, the court enters a judgment dismissing the action. If the ruling goes against the defendant, the defendant may proceed to present its own evidence in support of its defense -- but doing so waives the motion, so a defendant can't stand on the denial and skip presenting a defense.
Frequently Asked Questions
When can a defendant in a bench trial move for judgment against the plaintiff?
At the close of the plaintiff's evidence.
How does the judge decide the motion?
By weighing the evidence, including witness credibility and the weight and quality of the proof, not merely viewing it in the plaintiff's favor.
What happens if the judge rules for the defendant?
The court enters a judgment dismissing the action.
What happens if the judge rules against the defendant on the motion?
The defendant may proceed to present its defense, but doing so waives the motion.
Does this section apply to jury trials?
No. It applies only to cases tried without a jury.
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: directed finding illinois bench trialmotion for judgment at close of plaintiff's case illinoisnon-jury trial motion illinois