2-619.Involuntary dismissal based upon certain defects or defenses.
Article II. Civil Practice · Part 6. Pleading · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-619 lets a defendant move to dismiss based on outside defects like lack of jurisdiction, a prior pending or resolved case, a time bar, release or bankruptcy discharge, the statute of frauds, incapacity, or other affirmative matter that defeats the claim, even though the pleading itself is legally sufficient.
(a)Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds. If the grounds do not appear on the face of the pleading attacked the motion shall be supported by affidavit: (1) That the court does not have jurisdiction of the subject matter of the action, provided the defect cannot be removed by a transfer of the case to a court having jurisdiction. (2) That the plaintiff does not have legal capacity to sue or that the defendant does not have legal capacity to be sued.
(3)That there is another action pending between the same parties for the same cause.
(4)That the cause of action is barred by a prior judgment. (5) That the action was not commenced within the time
limited by law. (6) That the claim set forth in the plaintiff's pleading has
been released, satisfied of record, or discharged in bankruptcy. (7) That the claim asserted is unenforceable under the
provisions of the Statute of Frauds. (8) That the claim asserted against defendant is
unenforceable because of his or her minority or other disability.
(9)That the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim.
(b)A similar motion may be made by any other party against whom a claim is asserted.
(c)If, upon the hearing of the motion, the opposite party presents affidavits or other proof denying the facts alleged or establishing facts obviating the grounds of defect, the court may hear and determine the same and may grant or deny the motion. If a material and genuine disputed question of fact is raised the court may decide the motion upon the affidavits and evidence offered by the parties, or may deny the motion without prejudice to the right to raise the subject matter of the motion by answer and shall so deny it if the action is one in which a party is entitled to a trial by jury and a jury demand has been filed by the opposite party in apt time.
(d)The raising of any of the foregoing matters by motion under this Section does not preclude the raising of them subsequently by answer unless the court has disposed of the motion on its merits; and a failure to raise any of them by motion does not preclude raising them by answer.
(e)Pleading over after denial by the court of a motion under this Section is not a waiver of any error in the decision denying the motion.
(f)The form and contents of and procedure relating to affidavits under this Section shall be as provided by rule.
Plain-English Summary
Where 2-615 tests whether a complaint states a claim on its face, 2-619 assumes the pleading is sufficient and asks whether something outside it defeats the case anyway. Subsection (a) lists nine specific grounds a defendant can raise within the time for pleading: lack of subject-matter jurisdiction that can't be cured by transfer, lack of legal capacity to sue or be sued, another action pending between the same parties for the same cause, a prior judgment barring the claim, a limitations bar, a claim already released, satisfied of record, or discharged in bankruptcy, unenforceability under the statute of frauds, unenforceability due to a party's minority or other disability, and a catch-all for any affirmative matter avoiding or defeating the claim's legal effect. If the ground isn't apparent from the pleading itself, the motion must be supported by an affidavit.
Subsection (b) opens the same kind of motion to any other party against whom a claim is asserted, not just an original defendant. Subsection (c) governs what happens when the opposing party pushes back with its own affidavits or proof: the court can decide the motion on the papers if there's no genuine factual dispute, but if a material and genuine question of fact exists, the court may resolve it on the affidavits and evidence, or deny the motion without prejudice to raising the same issue by answer -- and must deny it that way if the case is one triable by jury and a jury demand has been timely filed.
Subsections (d) through (f) round out the procedure. Raising a ground by motion doesn't prevent raising it later by answer, unless the court already decided the motion on the merits, and failing to raise a ground by motion doesn't forfeit the right to raise it by answer either. Pleading over after a motion is denied doesn't waive any error in that denial. And the form, content, and procedure for the affidavits used under this section follow the applicable rules.
This is Illinois's mechanism for the kind of dismissal a federal practitioner might reach for through an affirmative defense or a factual challenge outside the pleadings -- most often a statute-of-limitations dismissal, a res judicata dismissal, or a release-based dismissal.
Frequently Asked Questions
How is a 2-619 motion different from a 2-615 motion?
A 2-615 motion tests the legal sufficiency of what's alleged on the face of the pleading. A 2-619 motion accepts the pleading's sufficiency but raises an outside defect or defense -- like a time bar, a prior judgment, or lack of jurisdiction -- that defeats the claim regardless.
What grounds can support a 2-619 motion?
Subsection (a) lists nine: lack of subject-matter jurisdiction, lack of capacity to sue or be sued, another pending action on the same cause, a prior judgment, a limitations bar, release or bankruptcy discharge, the statute of frauds, incapacity due to minority or disability, and any other affirmative matter defeating the claim.
Does a 2-619 motion need supporting evidence?
If the ground doesn't appear on the face of the pleading being attacked, the motion must be supported by affidavit.
What happens if the parties dispute the facts behind a 2-619 motion?
Under subsection (c), if a material and genuine question of fact is raised, the court may decide it on the affidavits and evidence, or deny the motion without prejudice to raising the issue by answer -- and must deny it that way where the case is one for jury trial and a timely jury demand was filed.
If a defendant doesn't raise a ground by motion, is it lost?
No. Subsection (d) says a failure to raise a listed matter by motion does not preclude raising it later by answer.
Amendment History
(Source: P.A. 83-707.)
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:2-619 motion illinoisinvoluntary dismissal illinoisaffirmative matter dismissal illinoisstatute of limitations motion illinoisres judicata motion to dismiss illinois