Article II. Civil Practice · Part 8. Class Action · Not amended since adoption on record · Last verified July 20, 2026
Illinois's class-action statute does not require notice to class members in every case the way some other class-action systems do. Instead, Section 2-803 leaves the decision to the court's discretion: once an action is found to be maintainable as a class action, or at any point afterward while the case is proceeding, the court may order whatever notice it deems necessary to protect the interests of the class and the parties.
The statute also ties this discretion directly to the certification order described in Section 2-802. A court can make its determination that a case may proceed as a class action conditional on the class receiving whatever notice the court considers appropriate, giving the court a tool to make certification contingent on the class first learning about the case.
Not automatically. Section 2-803 gives the court discretion to order notice when it deems notice necessary to protect the interests of the class and the parties, rather than requiring it in every certified class action.
Either when the court determines the action may be maintained as a class action, or at any later point during the case, whenever the court decides notice is necessary.
The statute does not prescribe specific content or a delivery method. It leaves the form and scope of notice to the court's discretion, guided by what the court deems necessary to protect the class and the parties.
Yes. Section 2-803 allows an order under Section 2-802 finding that an action may proceed as a class action to be conditioned on the class receiving whatever notice the court considers appropriate.
The court. Section 2-803 places that decision squarely within the court's discretion rather than fixing a standard notice procedure that applies to every case.
(Source: P.A. 83-707.)