(a) Any claim by one or more defendants against one or more plaintiffs, or against one or more codefendants, whether in the nature of setoff, recoupment, cross claim or otherwise, and whether in tort or contract, for liquidated or unliquidated damages, or for other relief, may be pleaded as a cross claim in any action, and when so pleaded shall be called a counterclaim.
2-608.Counterclaims.
Article II. Civil Practice · Part 6. Pleading · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA defendant may raise almost any claim against the plaintiff or a co-defendant as a counterclaim within the answer, pleaded with the same care as a complaint and answered the same way.
Full Text of 735 ILCS 5/2-608
(b) The counterclaim shall be a part of the answer, and shall be designated as a counterclaim. Service of process on parties already before the court is not necessary.
(c) Every counterclaim shall be pleaded in the same manner and with the same particularity as a complaint, and shall be complete in itself, but allegations set forth in other parts of the answer may be incorporated by specific reference instead of being repeated.
(d) An answer to a counterclaim and pleadings subsequent thereto shall be filed as in the case of a complaint and with like designation and effect.
Plain-English Summary
Section 2-608 gives counterclaims a wide berth. A defendant can bring a claim -- in the nature of setoff, recoupment, cross claim, or otherwise, in tort or contract, for liquidated or unliquidated damages or other relief -- against one or more plaintiffs or co-defendants, and it's called a counterclaim once pleaded. Subsection (b) makes the counterclaim part of the answer itself, designated as such, with no need to serve process again on parties already in the case.
Subsections (c) and (d) tie counterclaim practice back to ordinary pleading rules. A counterclaim must be pleaded with the same particularity as a complaint and must stand complete on its own, though it can incorporate other parts of the answer by specific reference instead of repeating them. And an answer to a counterclaim, along with anything filed after it, follows the same procedure and carries the same effect as an answer to a complaint.
Read alongside 2-602 and 2-614, this section shows how Illinois folds counterclaim practice into the same structural rules that govern the complaint-and-answer sequence, rather than treating it as a separate track.
Frequently Asked Questions
What kinds of claims can be brought as a counterclaim?
Almost any claim by a defendant against a plaintiff or co-defendant -- setoff, recoupment, cross claim, tort, contract, liquidated or unliquidated damages, or other relief.
Is a counterclaim a separate filing from the answer?
No. Subsection (b) makes the counterclaim part of the answer, designated as a counterclaim within it.
Does a defendant need to serve new process to raise a counterclaim?
Not against parties already before the court. Service of process on them is not necessary to raise the counterclaim.
How detailed must a counterclaim be?
As detailed as a complaint. It must be pleaded with the same particularity and must be complete in itself, though it may incorporate other parts of the answer by reference.
How does a party respond to a counterclaim?
The same way a defendant responds to a complaint -- an answer to the counterclaim, and any pleadings after it, follow the same procedure and have the same effect as in an ordinary complaint-and-answer sequence.
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: counterclaim illinoiscross claim illinois civil proceduresetoff and recoupment illinois