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2-618.Lost pleadings.

Article II. Civil Practice · Part 6. Pleading · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceWhen a pleading or paper in a case is lost or mislaid, the court may allow a party to file an authenticated copy in its place.

Full Text of 735 ILCS 5/2-618

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If any pleading or paper filed in a cause has been lost or mislaid, the court may permit the filing of a copy authenticated by such affidavits as the court may require.

Plain-English Summary

Section 2-618 handles a narrow but practical problem: what happens when a filed pleading or paper goes missing from the court file. The court can permit a copy to be filed instead, backed by whatever affidavits the court requires to authenticate it.

The section leaves the details to the court's discretion -- it doesn't specify a form of affidavit or a particular showing, only that the court may require the affidavits it thinks necessary to satisfy itself the copy is accurate. That flexibility fits a problem that shows up in different ways depending on what was lost and how.

This is a housekeeping provision rather than a merits-affecting one: it keeps a case moving when the record itself, rather than any party's substantive position, is the thing in question.

Frequently Asked Questions

What does 2-618 allow a party to do?

File a copy of a lost or mislaid pleading or paper, in place of the original, once the court permits it.

What does a party need to submit to file a copy under this section?

Affidavits authenticating the copy, in whatever form the court requires.

Does the section specify exactly what the affidavits must say?

No. It leaves that to the court's discretion, letting the requirement fit the specific circumstances of the loss.

Does this section apply only to complaints?

No. It covers any pleading or paper filed in the cause that has been lost or mislaid, not just the complaint.

Is court permission required before filing a replacement copy?

Yes. The statute says the court may permit the filing, meaning it's a matter for the court to authorize rather than something a party can do unilaterally.

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: lost pleadings illinoismissing court file illinoisauthenticated copy of pleading