(a) Intervention. Any class member seeking to intervene or otherwise appear in the action may do so with leave of court and such leave shall be liberally granted except when the court finds that such intervention will disrupt the conduct of the action or otherwise prejudice the rights of the parties or the class. (b) Exclusion. Any class member seeking to be excluded from a class action may request such exclusion and any judgment entered in the action shall not apply to persons who properly request to be excluded.
2-804.Intervention by and exclusion of class members.
Article II. Civil Practice · Part 8. Class Action · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-804 lets any class member ask to intervene in the case, with leave that courts should grant freely unless it would disrupt the action or prejudice the parties, or ask to be excluded from the class altogether, in which case no judgment in the case binds that person.
Full Text of 735 ILCS 5/2-804
Plain-English Summary
A class action binds people who never appear in court, so Section 2-804 gives class members two ways to control their own stake in the case. The first is intervention: any class member who wants to appear or otherwise participate in the action can seek leave of court to do so, and the statute directs courts to grant that leave liberally. The exception is narrow — a court can deny intervention only when it finds that allowing it will disrupt the conduct of the action or otherwise prejudice the rights of the parties or the class.
The second option runs the opposite direction: exclusion. A class member can ask to be left out of the class entirely, and once that request is granted, any judgment entered in the action does not apply to that person. This opt-out mechanism protects individual class members who would rather pursue their own claim, or no claim at all, than be bound by however the class action turns out.
Frequently Asked Questions
Can an individual class member intervene in an Illinois class action?
Yes. Section 2-804 lets any class member seek leave of court to intervene or otherwise appear in the action, and the statute directs courts to grant that leave liberally.
When would a court deny a class member's request to intervene under Section 2-804?
Only when the court finds that allowing the intervention will disrupt the conduct of the action or otherwise prejudice the rights of the parties or the class. Outside those circumstances, the statute calls for liberal treatment of intervention requests.
How does a class member opt out of an Illinois class action?
By requesting exclusion from the class under Section 2-804(b). The statute does not set out a specific procedure or deadline for the request itself, leaving those details to the court handling the case.
What happens to someone who properly excludes themselves from the class?
Any judgment entered in the class action does not apply to that person. Exclusion removes the person from the binding effect of the case entirely.
Is there a deadline in Section 2-804 for a class member to request exclusion?
The statute itself does not set one. It establishes the right to request exclusion and its effect — that a properly excluded member is not bound by the judgment — without specifying timing, which is generally addressed through the court's own orders in the case.
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: opting out of illinois class actionclass action intervention illinoisexcluding yourself from a class action illinois