735 ILCS 5/2-402 — Respondents in discovery. | Illinois Code of Civil Procedure

2-402.Respondents in discovery.

Article II. Civil Practice · Part 4. Parties · Last amended 2006 · Last verified July 20, 2026

In one sentenceSection 2-402 lets a plaintiff name outside individuals or entities as "respondents in discovery" to gather information about who else should be sued, and gives a window — extendable in some circumstances — to add a respondent as a full defendant.

Full Text of 735 ILCS 5/2-402

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The plaintiff in any civil action may designate as respondents in discovery in his or her pleading those individuals or other entities, other than the named defendants, believed by the plaintiff to have information essential to the determination of who should properly be named as additional defendants in the action.

Persons or entities so named as respondents in discovery shall be required to respond to discovery by the plaintiff in the same manner as are defendants and may, on motion of the plaintiff, be added as defendants if the evidence discloses the existence of probable cause for such action.

A person or entity named a respondent in discovery may upon his or her own motion be made a defendant in the action, in which case the provisions of this Section are no longer applicable to that person. A copy of the complaint shall be served on each person or entity named as a respondent in discovery.

Each respondent in discovery shall be paid expenses and fees as provided for witnesses.

A person or entity named as a respondent in discovery in any civil action may be made a defendant in the same action at any time within 6 months after being named as a respondent in discovery, even though the time during which an action may otherwise be initiated against him or her may have expired during such 6 month period. An extension from the original 6- month period for good cause may be granted only once for up to 90 days for (i) withdrawal of plaintiff's counsel or (ii) good cause. Notwithstanding the limitations in this Section, the court may grant additional reasonable extensions from this 6- month period for a failure or refusal on the part of the respondent to comply with timely filed discovery.

The plaintiff shall serve upon the respondent or respondents a copy of the complaint together with a summons in a form substantially as follows:

"STATE OF ILLINOIS

COUNTY OF ..................

IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

(or, In the Circuit Court of the ............ Judicial Circuit)

...................

Plaintiff(s),

v. No.

.................

.................,

Defendant(s),

and PLEASE SERVE:

.................

.................,

Respondent(s) in Discovery.

SUMMONS FOR DISCOVERY

TO RESPONDENT IN DISCOVERY:

YOU ARE HEREBY NOTIFIED that on ................, 20..... , a complaint, a copy of which is attached, was filed in the above Court naming you as a Respondent in Discovery. Pursuant to the Illinois Code of Civil Procedure Section 2-402 and Supreme Court Rules 201 et. seq., and/or Court Order entered on .................................., the above named Plaintiff(s) are authorized to proceed with the discovery of the named Respondent(s) in Discovery.

YOU ARE SUMMONED AND COMMANDED to appear for deposition, before a notary public (answer the attached written interrogatories), (respond to the attached request to produce), (or other appropriate discovery tool).

We are scheduled to take the oral discovery deposition of the above named Respondent, .................................., on ........................, 20..., at the hour of ..... a.m./p.m., at the office ..........................................., Illinois, in accordance with the rules and provisions of this Court. Witness and mileage fees in the amount of ....................... are attached (or)

(serve the following interrogatories, request to produce, or other appropriate discovery tool upon Respondent, ....................... to be answered under oath by Respondent, ............................, and delivered to the office of ................................., Illinois, within 28 days from date of service).

TO THE OFFICER/SPECIAL PROCESS SERVER: This summons must be returned by the officer or other person

to whom it was given for service, with endorsement or affidavit of service and fees and an endorsement or affidavit of payment to the Respondent of witness and mileage fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed.

WITNESS, .....................

.............................. Clerk of Court

Date of Service: .........., 20... (To be inserted by officer on copy left with Respondent or other person)

Attorney No. Name: Attorney for: Address: City/State/Zip: Telephone:".

This amendatory Act of the 94th General Assembly applies to causes of action pending on or after its effective date.

Plain-English Summary

A plaintiff can name, in the pleading, people or entities other than the named defendants who the plaintiff believes hold information relevant to figuring out who else should be sued. These are called respondents in discovery. They must respond to the plaintiff's discovery requests the same way a defendant would, and the plaintiff can move to add one as an actual defendant if the evidence shows probable cause to do so. A respondent can also ask, on its own motion, to become a defendant, at which point this section stops applying to that party. Each respondent named this way gets served with a copy of the complaint, and is paid the fees and expenses that apply to witnesses.

The section sets a 6-month clock: a respondent in discovery can be added as a defendant within 6 months of being named, even if the time to sue that person or entity directly would otherwise have run out during that period. That 6-month period can be extended once, for up to 90 days, for good cause or because the plaintiff's counsel withdrew, and the court can grant further reasonable extensions if the respondent fails or refuses to comply with timely discovery.

The section also sets out the form of summons to be served on a respondent in discovery, directing the respondent to appear for a deposition or otherwise respond to the discovery tool specified, and instructing the process server on how to return the summons.

Frequently Asked Questions

What is a "respondent in discovery" under Illinois law?

It's a person or entity, other than a named defendant, whom the plaintiff believes has information essential to figuring out who should be sued as an additional defendant. The plaintiff names them as respondents in discovery in the pleading and serves them with a copy of the complaint.

Does a respondent in discovery have to answer discovery requests?

Yes. A person or entity named as a respondent in discovery must respond to the plaintiff's discovery the same way a defendant would, and is paid the fees and expenses that apply to witnesses.

How long does a plaintiff have to turn a respondent in discovery into a defendant?

Within 6 months after the person or entity was named a respondent in discovery, even if the ordinary time to sue that person or entity directly would otherwise have expired during that 6-month period.

Can that 6-month period be extended?

Yes, in limited ways. It can be extended once, for up to 90 days, for good cause or because the plaintiff's counsel withdrew. The court may also grant further reasonable extensions if the respondent fails or refuses to comply with timely filed discovery.

Can a respondent in discovery choose to become a defendant on its own?

Yes. A respondent in discovery may, on its own motion, ask to be made a defendant in the action, and once that happens this section no longer applies to that party.

Amendment History

(Source: P.A. 94-582, eff. 1-1-06.)

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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