Article II. Civil Practice · Part 3. Appearance · Last amended 2018 · Last verified July 20, 2026
In one sentenceSection 2-301 lets a defendant contest a court's personal jurisdiction through a motion filed before any other pleading, and sets out how filing other motions first can waive that objection.
Full Text of 735 ILCS 5/2-301
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(a)Prior to the filing of any other pleading or motion other than as set forth in subsection (a-6), a party may object to the court's jurisdiction over the party's person, either on the ground that the party is not amenable to process of a court of this State or on the ground of insufficiency of process or insufficiency of service of process, by filing a motion to dismiss the entire proceeding or any cause of action involved in the proceeding or by filing a motion to quash service of process. Such a motion may be made singly or included with others in a combined motion, but the parts of a combined motion must be identified in the manner described in Section 2-619.1. Unless the facts that constitute the basis for the objection are apparent from papers already on file in the case, the motion must be supported by an affidavit setting forth those facts.
(a-5)(Blank). (a-6) A party filing any other pleading or motion prior to the filing of a motion objecting to the court's jurisdiction over the party's person as set forth in subsection (a) waives all objections to the court's jurisdiction over the party's person prospectively, unless the initial motion filed is one of the following: (1) A motion for an extension of time to answer or
otherwise plead. (2) A motion filed under Section 2-1301, 2-1401, or
2-1401.1. Any motion objecting to the court's jurisdiction over the party's person as set forth in subsection (a) shall be filed within 60 days of the court's order disposing of the initial motion filed under Section 2-1301, 2-1401, or 2-1401.1. Nothing in this subsection precludes a party from filing a motion under subsection (a) combined with a motion under Section 2-1301, 2- 1401, or 2-1401.1. If such a combined motion is filed, any objection to the court's jurisdiction over the party's person is not waived.
(b)In disposing of a motion objecting to the court's jurisdiction over the person of the objecting party, the court shall consider all matters apparent from the papers on file in the case, affidavits submitted by any party, and any evidence adduced upon contested issues of fact. The court shall enter an appropriate order sustaining or overruling the objection. No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof. A decision adverse to the objector does not preclude the objector from making any motion or defense which he or she might otherwise have made.
(c)Error in ruling against the objecting party on the objection is waived by the party's taking part in further proceedings unless the objection is on the ground that the party is not amenable to process issued by a court of this State.
Plain-English Summary
Before answering a case or filing any other motion, a defendant who wants to argue that an Illinois court has no power over them personally must raise that objection first, through a motion to dismiss or a motion to quash service. The three available grounds are that the defendant isn't amenable to process from an Illinois court, that the process itself was insufficient, or that service of that process was insufficient. Unless the supporting facts already appear somewhere in the court file, the defendant must back the motion with an affidavit.
Filing any other pleading or motion first generally waives the objection going forward. Two narrow exceptions exist: a motion for more time to answer or plead, and a motion under Section 2-1301, 2-1401, or 2-1401.1. If a defendant files one of those first, the jurisdiction objection can still be raised, but it must be filed within 60 days of the court's ruling on that earlier motion. A defendant can also combine the jurisdiction objection with a 2-1301, 2-1401, or 2-1401.1 motion in a single filing without losing the objection.
Once the objection is before the court, the judge weighs the papers already on file, any affidavits, and evidence on any disputed facts, then rules on it. That ruling isn't a decision on the merits of the case, and a defendant who loses the objection can still raise every other defense available. But a defendant who goes on to take part in further proceedings after losing waives any error in that ruling, unless the ground was that the defendant isn't amenable to process from an Illinois court at all.
Frequently Asked Questions
What counts as an objection to personal jurisdiction under Section 2-301?
It's a motion to dismiss the case (or a specific claim in it) or a motion to quash service, raised on the ground that the defendant isn't amenable to process from an Illinois court, that the process was insufficient, or that service of that process was insufficient. Unless the supporting facts are already in the court file, the motion needs an affidavit setting them out.
Can a defendant combine a jurisdiction objection with other motions?
Yes. A jurisdiction objection can be filed on its own or combined with other motions, as long as the parts of a combined motion are identified the way Section 2-619.1 requires. A defendant can also combine the objection with a motion under Section 2-1301, 2-1401, or 2-1401.1 without losing the objection.
What happens if a defendant files an answer or other motion before objecting to jurisdiction?
Filing another pleading or motion first waives the jurisdiction objection going forward. The exceptions are a motion for an extension of time to answer or plead, and a motion under Section 2-1301, 2-1401, or 2-1401.1 — after either of those, the defendant still has 60 days from the court's ruling on that motion to raise the jurisdiction objection.
Does losing a jurisdiction objection decide the case against the defendant?
No. The court's ruling on the objection isn't a determination of the merits of the case or any part of it, and a defendant who loses the objection can still raise any other defense or motion available.
Can a defendant still challenge the ruling after losing the jurisdiction objection?
Generally no — taking part in further proceedings after an adverse ruling waives any error in that ruling. The one exception is an objection based on the defendant not being amenable to process from an Illinois court at all, which survives continued participation in the case.
Amendment History
(Source: P.A. 100-291, eff. 1-1-18.)
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
Also known as:special appearance illinoisobjection to personal jurisdiction illinoismotion to quash service of processinsufficient service of process defensewaiver of jurisdiction objection illinois