(a) Determination of Class. As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it may be so maintained and describe those whom the court finds to be members of the class. This order may be conditional and may be amended before a decision on the merits.
2-802.Order and findings relative to the class.
Article II. Civil Practice · Part 8. Class Action · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-802 requires the court to decide, as soon as practicable after a class action begins, whether the suit may proceed as one and to describe the class in an order that can be amended before the merits are decided, and it lets the court certify a class only as to particular issues or split it into subclasses.
Full Text of 735 ILCS 5/2-802
(b) Class Action on Limited Issues and Sub-classes. When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or divided into sub- classes and each sub-class treated as a class. The provisions of this rule shall then be construed and applied accordingly.
Plain-English Summary
Once a case is filed as a class action, Section 2-802 does not let the class question linger. The court must determine, as soon as practicable, whether the suit may in fact be maintained as a class action and, if so, describe who belongs to the class. That order does not have to be the final word — the statute allows it to be conditional and to change before the court rules on the merits, so a certification decision made early in a case is not locked in stone.
Section 2-802 also lets a court certify a class action for only part of a case. Where appropriate, the class device can apply to particular issues rather than the whole dispute, or the class can be divided into sub-classes, each treated as its own class under the same rules that govern class actions generally. This flexibility lets a court certify what works as a class claim while leaving other issues to be resolved another way.
Frequently Asked Questions
When must an Illinois court decide whether a case can proceed as a class action?
As soon as practicable after the class action commences. Section 2-802 does not set a fixed deadline, but it requires the court to reach this determination promptly rather than let the question sit unresolved.
Can a class certification order under Section 2-802 change later?
Yes. The statute expressly allows the order to be conditional and to be amended before the court decides the case on its merits, so certification is not necessarily fixed once entered.
What does it mean to certify a class action on “limited issues”?
It means the class device applies only to specific questions in the case rather than the entire dispute. The rest of the case can proceed on an individual basis while the certified issues are resolved on a class-wide footing.
What are subclasses, and how are they treated under Section 2-802?
Subclasses are smaller groups within a larger class, each with its own distinct interests or claims. Section 2-802 lets a court divide a class into subclasses and treat each one as its own class action, applying the same rules to each.
Does the class-certification order under Section 2-802 decide the merits of the case?
No. It only decides whether the case may proceed as a class action and who is in the class. The court still has to resolve the underlying claims separately, and the certification order can be amended before that happens.
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: illinois class certification ordersubclasses illinois class actionconditional class certification illinoiscertifying a class action illinois