(a) No action or proceeding is open to objection on the ground that a merely declaratory judgment or order is sought thereby. The court may, in cases of actual controversy, make binding declarations of rights, having the force of final judgments, whether or not any consequential relief is or could be claimed, including the determination, at the instance of anyone interested in the controversy, of the construction of any statute, municipal ordinance, or other governmental regulation, or of any deed, will, contract or other written instrument, and a declaration of the rights of the parties interested. The foregoing enumeration does not exclude other cases of actual controversy. The court shall refuse to enter a declaratory judgment or order, if it appears that the judgment or order, would not terminate the controversy or some part thereof, giving rise to the proceeding. In no event shall the court entertain any action or proceeding for a declaratory judgment or order involving any political question where the defendant is a State officer whose election is provided for by the Constitution; however, nothing herein shall prevent the court from entertaining any such action or proceeding for a declaratory judgment or order if such question also involves a constitutional convention or the construction of a statute involving a constitutional convention.
2-701.Declaratory judgments.
Article II. Civil Practice · Part 7. Action for Declaratory Judgment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-701 lets an Illinois court settle the rights of parties in an actual controversy through a binding declaration — covering the meaning of a statute, ordinance, deed, will, or contract, among other disputes — without requiring a party to wait for a breach or seek damages first.
Full Text of 735 ILCS 5/2-701
(b) Declarations of rights, as herein provided for, may be obtained by means of a pleading seeking that relief alone, or as incident to or part of a complaint, counterclaim or other pleading seeking other relief as well, and if a declaration of rights is the only relief asked, the case may be set for early hearing as in the case of a motion.
(c) If further relief based upon a declaration of right becomes necessary or proper after the declaration has been made, application may be made by petition to any court having jurisdiction for an order directed to any party or parties whose rights have been determined by the declaration to show cause why the further relief should not be granted forthwith, upon reasonable notice prescribed by the court in its order.
(d) If a proceeding under this Section involves the determination of issues of fact triable by a jury, they shall be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
(e) Unless the parties agree by stipulation as to the allowance thereof, costs in proceedings authorized by this Section shall be allowed in accordance with rules. In the absence of rules the practice in other civil actions shall be followed if applicable, and if not applicable, the costs may be taxed as to the court seems just.
Plain-English Summary
A declaratory judgment answers a legal question before it turns into a full-blown dispute over damages or an injunction. Section 2-701 lets any interested party ask an Illinois court to declare what a statute means, what a contract requires, who owns what under a deed, or how a will distributes an estate, so long as there is an actual controversy between the parties. The list of examples in the statute is not exhaustive; any genuine dispute over legal rights can qualify.
A request for a declaration can stand alone as the whole lawsuit, or it can ride along with a claim for damages or other relief in the same complaint or counterclaim. When declaratory relief is the only thing a party wants, Section 2-701 lets the case move on the fast track courts use for motions rather than the slower track for a full trial on damages. If circumstances change later and a party needs more than a declaration — an order enforcing rights the court already recognized — that party can come back by petition and ask the court to make the other side show cause why further relief should not follow.
The statute also draws a firm boundary. A court must refuse to enter a declaratory judgment if doing so would not end the controversy, or at least the part of it before the court — Section 2-701 is not a vehicle for advisory opinions that leave the real dispute unresolved. And it closes the door entirely on one category of case: a declaratory action cannot reach a political question where the defendant is a state officer whose election the Illinois Constitution provides for, unless the question also touches a constitutional convention or a statute governing one.
Where a declaratory proceeding raises fact questions a jury would normally decide, Section 2-701(d) requires the same jury trial procedure used in any other civil case. And unless the parties agree on how to handle costs, Section 2-701(e) directs the court to apply the same cost rules that govern other civil actions.
Frequently Asked Questions
What is a declaratory judgment under Section 2-701?
It is a court ruling that settles the legal rights of the parties — for example, how a contract, statute, deed, or will should be read — without necessarily awarding damages or any other consequential relief. The judgment carries the same force as any other final judgment.
Do I have to wait until someone breaches a contract or violates a statute before I can sue for a declaration?
No. Section 2-701 requires only an actual controversy, not a completed breach or violation. A party can ask the court to resolve a genuine, present dispute over rights before it escalates into a claim for damages.
Can I combine a request for a declaratory judgment with a claim for damages?
Yes. A declaration of rights can be sought alone or as part of a complaint, counterclaim, or other pleading that also asks for damages or other relief. If the declaration is the only relief requested, the case can be set for an early hearing like a motion.
Why would an Illinois court refuse to enter a declaratory judgment?
Section 2-701 requires the court to refuse if the judgment would not end the controversy, or the relevant part of it, that brought the parties to court. Courts use this rule to avoid issuing declarations that settle nothing in practice.
Can I sue a state officer for a declaratory judgment over a political question?
Generally, no. Section 2-701 bars declaratory actions involving a political question where the defendant is a state officer whose election the Illinois Constitution provides for. The one exception is when the question also involves a constitutional convention or a statute concerning one.
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
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