Where relief is sought and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitled the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms, and the court shall grant the relief to which the plaintiff is entitled on the amended pleadings or upon the evidence. In considering whether a proposed amendment is just and reasonable, the court shall consider the right of the defendant to assert additional defenses, to demand a trial by jury, to plead a counterclaim or third party complaint, and to order the plaintiff to take additional steps which were not required under the pleadings as previously filed.
2-617.Seeking wrong remedy not fatal.
Article II. Civil Practice · Part 6. Pleading · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIf a plaintiff has proved the right to relief but asked for the wrong remedy, the court must let the pleadings be amended, on just and reasonable terms, so relief can be granted on the amended pleading or the evidence presented.
Full Text of 735 ILCS 5/2-617
Plain-English Summary
Section 2-617 protects a plaintiff who gets the substance right but the label wrong. When a court determines, on a motion directed to the pleadings, a summary judgment motion, or at trial, that a plaintiff has pleaded or proven facts entitling it to relief but has requested the wrong remedy, the court must permit the pleadings to be amended, on terms that are just and reasonable, and then grant the relief the plaintiff is entitled to.
The section builds in a real check for fairness before that amendment happens. The court weighs the defendant's right to raise additional defenses, demand a jury trial, plead a counterclaim or third-party complaint, and require the plaintiff to take additional steps that weren't required under the pleadings as originally filed. A plaintiff doesn't get to switch remedies at the defendant's expense without the defendant getting a fair chance to respond to the new posture of the case.
This section works alongside 2-616's general amendment framework, but it addresses one specific problem: a mismatch between proven entitlement and requested remedy, rather than a defect in the underlying claim itself.
Frequently Asked Questions
What problem does 2-617 solve?
It addresses cases where the plaintiff has established the facts needed for relief but asked the court for the wrong kind of remedy -- for example, the wrong type of judgment or order.
Is the court required to allow the amendment, or is it discretionary?
The statute uses mandatory language: the court shall permit the pleadings to be amended and shall grant the relief to which the plaintiff is entitled, subject to just and reasonable terms.
At what stage can this issue come up?
On a motion directed to the pleadings, on a motion for summary judgment, or at trial -- the section covers all three points where a court might recognize the mismatch between proof and requested remedy.
What protections does a defendant get before the remedy is corrected?
The court considers the defendant's right to assert additional defenses, demand a jury trial, plead a counterclaim or third-party complaint, and require the plaintiff to take steps not required under the original pleadings.
Does this section let a plaintiff amend to add an entirely new cause of action?
Its focus is narrower -- correcting the remedy sought once the right to relief has already been pleaded or proven, rather than introducing a new claim, which is governed by 2-616.
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: wrong remedy illinoisamending prayer for relief illinoisseeking wrong remedy not fatal illinois