Article II. Civil Practice · Part 4. Parties · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-404 lets multiple people join together as plaintiffs in one lawsuit when their claims share a common question of law or fact, and lets the court order separate trials, or add a reluctant necessary plaintiff as a defendant instead.
Full Text of 735 ILCS 5/2-404
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All persons may join in one action as plaintiffs, in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally or in the alternative, whenever if those persons had brought separate actions any common question of law or fact would arise. If upon the application of any party it shall appear that joinder may embarrass or delay the trial of the action, the court may order separate trials or enter any other order that may be expedient. Judgment may be entered for any one or more of the plaintiffs who may be found to be entitled to relief, for the relief to which he or she or they may be entitled.
If any one who is a necessary plaintiff, counterclaimant or third-party plaintiff declines to join, he or she may be made a defendant, cross defendant or third-party defendant, as the case may be, the reason therefor being stated in the complaint, counterclaim or third-party complaint.
Plain-English Summary
People can join as plaintiffs in a single action, whether their rights to relief are joint, several, or alternative, whenever a common question of law or fact would come up if they had sued separately over the same transaction or series of transactions. The claims don't all have to be identical, only connected by that shared question.
If joining plaintiffs would embarrass or delay the trial, the court can order separate trials or make whatever other order the situation calls for, on any party's application. Judgment can then be entered for whichever plaintiffs the court finds are entitled to relief, limited to the relief each of them is entitled to.
If someone who should be a plaintiff — a necessary plaintiff, counterclaimant, or third-party plaintiff — declines to join, that person can instead be made a defendant, cross defendant, or third-party defendant, as long as the pleading states the reason for that move.
Frequently Asked Questions
When can multiple people join together as plaintiffs in an Illinois lawsuit?
When they claim a right to relief arising out of the same transaction or series of transactions, whether jointly, severally, or in the alternative, and a common question of law or fact would arise if they had sued separately.
Do all the joined plaintiffs' claims have to be identical?
No. They can be joint, several, or alternative, as long as a common question of law or fact connects them.
Can the court split a multi-plaintiff case into separate trials?
Yes. If joinder would embarrass or delay the trial, the court may order separate trials or enter any other order the situation calls for, on application of any party.
Does every joined plaintiff have to win for any of them to get judgment?
No. Judgment may be entered for any one or more of the plaintiffs found entitled to relief, for whatever relief that plaintiff or those plaintiffs are entitled to.
What happens if someone who should join as a plaintiff refuses to?
That person can instead be made a defendant, cross defendant, or third-party defendant, as long as the pleading states the reason for taking that step.
Amendment History
(Source: P.A. 83-707.)
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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