(a) Parties may plead as many causes of action, counterclaims, defenses, and matters in reply as they may have, and each shall be separately designated and numbered.
2-613.Separate counts and defenses.
Article II. Civil Practice · Part 6. Pleading · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA party can plead as many claims, counterclaims, defenses, and inconsistent alternative theories as it has, and certain defenses -- payment, release, statute of limitations-type bars, fraud, estoppel, and any matter that would otherwise surprise the other side -- must be pleaded affirmatively in the answer or reply.
Full Text of 735 ILCS 5/2-613
(b) When a party is in doubt as to which of two or more statements of fact is true, he or she may, regardless of consistency, state them in the alternative or hypothetically in the same or different counts or defenses. A bad alternative does not affect a good one.
(c) Defenses to jurisdiction of the subject matter or in abatement or in bar may be pleaded together, without waiving any defense so pleaded, but the court may order defenses to jurisdiction of the subject matter or in abatement to be tried first. An answer containing only defenses to jurisdiction of the subject matter or in abatement does not constitute an admission of the facts alleged in the complaint, counterclaim or third- party complaint.
(d) The facts constituting any affirmative defense, such as payment, release, satisfaction, discharge, license, fraud, duress, estoppel, laches, statute of frauds, illegality, that the negligence of a complaining party contributed in whole or in part to the injury of which he complains, that an instrument or transaction is either void or voidable in point of law, or cannot be recovered upon by reason of any statute or by reason of nondelivery, want or failure of consideration in whole or in part, and any defense which by other affirmative matter seeks to avoid the legal effect of or defeat the cause of action set forth in the complaint, counterclaim, or third-party complaint, in whole or in part, and any ground or defense, whether affirmative or not, which, if not expressly stated in the pleading, would be likely to take the opposite party by surprise, must be plainly set forth in the answer or reply.
Plain-English Summary
Section 2-613 is the Code's affirmative-defense section, and it's one of the most consulted provisions in this Part. Subsection (a) lets a party plead every cause of action, counterclaim, defense, and reply matter it has, each separately designated and numbered. Subsection (b) goes further and allows inconsistency: when a party is unsure which of two versions of the facts is true, it can plead them in the alternative or hypothetically, in the same or different counts, and a bad alternative doesn't drag down a good one.
Subsection (c) lets defenses to subject-matter jurisdiction, abatement, or bar be pleaded together without waiving any of them, and the court can order jurisdictional or abatement defenses tried first; an answer raising only those defenses doesn't admit the facts alleged in the complaint.
Subsection (d) is the heart of the section: it lists affirmative defenses that must be plainly set forth in the answer or reply -- payment, release, satisfaction, discharge, license, fraud, duress, estoppel, laches, statute of frauds, illegality, contributory negligence, an instrument's voidness or voidability, a statutory bar, nondelivery or failure of consideration -- and then adds a catch-all: any affirmative matter that would avoid the legal effect of the claim, or any ground, affirmative or not, that would surprise the opposing party if left unstated. A defendant who wants to rely on one of these defenses has to plead it, not spring it at trial.
Frequently Asked Questions
What counts as an affirmative defense under Illinois law?
Subsection (d) lists examples -- payment, release, satisfaction, discharge, license, fraud, duress, estoppel, laches, statute of frauds, illegality, contributory negligence, and voidness of an instrument -- plus a catch-all for any affirmative matter avoiding the claim's legal effect or any matter that would surprise the opposing party if unstated.
Where must an affirmative defense be pleaded?
Plainly set forth in the answer or reply. A defense covered by subsection (d) that isn't pleaded this way risks being unavailable later.
Can a party plead inconsistent versions of the facts?
Yes. Subsection (b) allows pleading in the alternative or hypothetically when a party is unsure which of two statements of fact is true, regardless of consistency, and a bad alternative doesn't defeat a good one.
Does raising a jurisdictional defense along with others waive it?
No. Subsection (c) lets defenses to subject-matter jurisdiction or abatement be pleaded together with other defenses without waiving any of them.
Does an answer that raises only a jurisdictional defense admit the complaint's facts?
No. Subsection (c) says an answer containing only defenses to subject-matter jurisdiction or abatement does not admit the facts alleged in the complaint, counterclaim, or third-party complaint.
Amendment History
(Source: P.A. 84-624.)
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: affirmative defense illinoisalternative pleading illinoisestoppel laches statute of frauds defensepleading affirmative matter illinois