If judgment is arrested pursuant to post-trial motion for any defect in the record, the plaintiff need not commence his or her action anew. If appropriate, the court shall order new pleadings.
2-1204.Arrest of judgment.
Article II. Civil Practice · Part 12. Post-Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-1204 says that when a judgment is arrested for a defect in the record, the plaintiff doesn't have to start the lawsuit over -- the court can just order new pleadings.
Full Text of 735 ILCS 5/2-1204
Plain-English Summary
Arrest of judgment is one of the remedies Section 2-1202(b) lists as available through a post-trial motion, tied specifically to a defect in the record rather than to weak evidence or trial error. This section covers what happens once that relief is granted.
The plaintiff keeps the case alive rather than having to file a new action from scratch. If the defect calls for it, the court orders new pleadings so the case can proceed on a corrected footing.
Frequently Asked Questions
What does "arrest of judgment" mean in Illinois civil practice?
It's one of the forms of post-trial relief listed in Section 2-1202(b), granted for a defect in the record.
If judgment is arrested, does the plaintiff have to file a new lawsuit?
No. The plaintiff need not commence the action anew.
What happens to the pleadings after judgment is arrested?
If appropriate, the court orders new pleadings so the case can move forward.
How does a party ask for arrest of judgment?
Through the consolidated post-trial motion process described in Section 2-1202.
Is arrest of judgment the same as a new trial?
No. It targets a defect in the record, not a request to retry the facts, though both are requested through the same post-trial motion.
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: arrest of judgment illinoisdefect in the record illinois judgmentpost-trial relief illinois arrest judgmentnew pleadings after arrest of judgmentillinois civil procedure arrest of judgment