(a) Every action, unless otherwise expressly provided by statute, shall be commenced by the filing of a complaint. The clerk shall issue summons upon request of the plaintiff. The form and substance of the summons, and of all other process, and the issuance of alias process, and the service of copies of pleadings shall be according to rules.
2-201.Commencement of actions - Forms of process.
Article II. Civil Practice · Part 2. Process · Last amended 2018 · Last verified July 20, 2026
In one sentenceRequires that a civil action begin with a filed complaint unless a statute expressly says otherwise, makes the clerk issue summons on the plaintiff's request, allows duplicate summonses for multi-county service, and protects the court's jurisdiction against a technical formatting error in the summons.
Full Text of 735 ILCS 5/2-201
(b) One or more duplicate original summonses may be issued, marked "First Duplicate," "Second Duplicate," etc., as the case may be, whenever it will facilitate the service of summons in any one or more counties, including the county of venue.
(c) A court's jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served. This subsection is declarative of existing law.
Plain-English Summary
Subsection (a) states how a civil action begins: by filing a complaint, unless a statute expressly provides some other way. The clerk issues summons on the plaintiff's request, and the form and substance of summons and other process, along with alias process and service of pleading copies, follow the applicable rules.
Subsection (b) lets a plaintiff request one or more duplicate original summonses, marked "First Duplicate," "Second Duplicate," and so on, to make it easier to serve summons across more than one county, including the county of venue.
Subsection (c) protects the court's jurisdiction from a narrow category of error: a technical mistake in the summons's format does not affect jurisdiction as long as a clerk of the court issued the summons, the person or entity to be served is identified as a defendant on it, and the summons is properly served. The subsection states that it is declarative of existing law.
Frequently Asked Questions
How does a civil action normally begin under this section?
By filing a complaint, unless another statute expressly provides a different way, under subsection (a).
Who issues the summons?
The clerk, upon the plaintiff's request.
Why would a plaintiff request duplicate original summonses?
Subsection (b) allows duplicate originals, marked "First Duplicate," "Second Duplicate," and so on, to make it easier to serve summons in more than one county, including the county of venue.
Does a technical formatting error in the summons void the court's jurisdiction?
No. Subsection (c) says jurisdiction is not affected by a technical error in format if the summons was issued by a clerk, identifies the person to be served as a defendant, and is properly served.
Does subsection (c) create a new rule or restate existing law?
The subsection states that it "is declarative of existing law."
Amendment History
(Source: P.A. 100-1048, eff. 8-23-18.)
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
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