The first pleading by the plaintiff shall be designated a complaint. The first pleading by the defendant shall be designated an answer. If new matter by way of defense is pleaded in the answer, a reply shall be filed by the plaintiff, but the filing of a reply is not an admission of the legal sufficiency of the new matter. Further pleadings may be permitted as required by the court.
2-602.Designation and order of pleadings.
Article II. Civil Practice · Part 6. Pleading · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThis section names and orders the basic pleadings in an Illinois lawsuit -- complaint, answer, and reply -- and makes clear that filing a reply never admits the legal sufficiency of the defense it responds to.
Full Text of 735 ILCS 5/2-602
Plain-English Summary
Illinois pleading has a fixed vocabulary. The plaintiff's opening pleading is a complaint; the defendant's first pleading is an answer. If the answer raises new matter as a defense, the plaintiff must file a reply to it. Beyond that sequence, further pleadings require the court's permission.
The most consequential line sits at the end: filing a reply is not an admission that the new matter in the answer is legally sufficient. A plaintiff can respond to an affirmative defense on the facts while still preserving an argument that the defense fails as a matter of law.
This section works alongside 2-608 (counterclaims) and 2-613 (affirmative defenses), which fill in what happens when the answer raises more than a simple denial.
Frequently Asked Questions
What is the first pleading a plaintiff files called?
A complaint. Section 2-602 designates it by that name for every civil action under the Code.
When must a plaintiff file a reply?
When the defendant's answer pleads new matter by way of defense. Without a reply, the new matter goes unanswered on the record, though other sections address the consequences of that silence.
Does filing a reply concede that the defense is valid?
No. Section 2-602 says explicitly that filing a reply is not an admission of the legal sufficiency of the new matter pleaded in the answer.
Can a party file pleadings beyond the complaint, answer, and reply?
Only with the court's permission. The section allows further pleadings only as required by the court, so a party who wants to file something beyond a reply should seek leave first.
How does this section relate to affirmative defenses under 2-613?
Section 2-613 tells a defendant what must be pleaded as an affirmative defense in the answer; 2-602 tells the plaintiff what pleading to file in response and protects the plaintiff's right to contest that defense's legal sufficiency later.
Amendment History
(Source: P.A. 82-280.)
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: designation of pleadings illinoisillinois complaint and answerreply to affirmative defense illinoisorder of pleadings 735 ILCS 5