Article II. Civil Practice · Part 2. Process · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a plaintiff mail a defendant a notice and request to waive formal service of summons, spells out its required content, preserves venue and jurisdiction objections despite waiving, gives extra time to answer in exchange, and lets the plaintiff fall back on ordinary service if the defendant refuses.
Full Text of 735 ILCS 5/2-213
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(a)Notice and request for waiver. A plaintiff may notify a defendant of the commencement of an action and request that the defendant waive service of a summons. The notice and request shall be in writing in a form prescribed by Supreme Court rule. The notice and request shall:
(1)be addressed to an individual who is the defendant or who could be served as representative of an entity that is the defendant;
(2)be dispatched through first class U.S. mail or other equally reliable means;
(3)contain a copy of the complaint and identify the court in which it has been filed;
(4)inform the defendant of the consequences of compliance and of a failure to comply with the request;
(5)allow the defendant a reasonable time to return the waiver, which shall be at least (i) 30 days from the date on which the request is sent or (ii) 60 days if the defendant is addressed outside the United States; and
(6)provide the defendant with an extra copy of the notice and request and prepaid means of compliance in writing. (b) Limits on waiver. A defendant who waives service of a summons in the manner provided in subsection (a) does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.
(c)Time to appear or answer. A defendant who returns a timely waiver of service is not required to appear or serve an answer to the complaint until (i) 60 days from the date on which the request for waiver of service was sent or (ii) 90 days if the defendant was addressed outside of the United States.
(d)Effect of filing. When a waiver of service is filed by the plaintiff with the court, the action shall proceed as if a summons and complaint had been served at the time of filing of the waiver, and no proof of service shall be required.
(e)Right to refuse to waive service; effect of refusal. A defendant may refuse to waive service of a summons. If a defendant does not return the waiver provided for in subsection (a), the plaintiff must serve summons on that defendant as otherwise provided by this Code and Supreme Court rules.
Plain-English Summary
Subsection (a) lets a plaintiff notify a defendant of a pending action and request a waiver of service of summons. The notice and request must be in writing on a Supreme Court prescribed form, addressed to an individual defendant or someone who could be served as a representative of an entity defendant, sent by first-class mail or an equally reliable means, include a copy of the complaint and identify the filing court, explain the consequences of complying or not, allow at least 30 days to return the waiver, 60 days if the defendant is addressed outside the United States, and include an extra copy and prepaid means for a written response.
Subsection (b) protects the defendant who does waive: waiving service does not waive any objection to venue or to the court's jurisdiction over the defendant. Subsection (c) rewards that waiver with more time, 60 days from when the request was sent, or 90 days if the defendant was addressed outside the United States, to appear or answer.
Subsection (d) treats a filed waiver as equivalent to service, letting the action proceed as if summons and complaint had been served at the time of filing, with no proof of service required. Subsection (e) preserves the defendant's right to refuse: if the defendant does not return the waiver, the plaintiff must serve summons in the ordinary way under this Code and Supreme Court rules.
Frequently Asked Questions
What must the notice and request for waiver contain under subsection (a)?
It must be addressed to the defendant or a proper representative, sent by first-class mail or an equally reliable method, include a copy of the complaint and identify the filing court, explain the consequences of complying or not, give at least 30 days to respond, 60 days if addressed outside the United States, and include an extra copy and prepaid means to return the waiver in writing.
Does waiving service also waive objections to venue or personal jurisdiction?
No. Subsection (b) says waiving service does not thereby waive any objection to venue or to the court's jurisdiction over the defendant.
How much extra time does a defendant get to answer after returning a timely waiver?
60 days from when the waiver request was sent, or 90 days if the defendant was addressed outside the United States, under subsection (c).
What happens once the plaintiff files the waiver with the court?
Under subsection (d), the action proceeds as if summons and complaint had been served at the time the waiver was filed, and no proof of service is required.
What if the defendant does not return the waiver?
Under subsection (e), the defendant may refuse to waive service, and the plaintiff must then serve summons in the ordinary way under this Code and Supreme Court rules.
Amendment History
(Source: P.A. 87-352.)
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 service of summons Illinoisrequest to waive service of processdoes waiving service waive jurisdictionextra time to answer after waiving service