When the action is against several defendants, if it is proved on the trial that any of them occupy distinct parcels in severalty or jointly, the plaintiff shall elect, at the trial, against which he or she will proceed; and such election shall be made before the evidence in the action is closed, and the action shall be dismissed as to the defendants not so proceeded against.
6-125.Proof of occupancy.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires the plaintiff, when trial shows multiple defendants occupy distinct parcels separately or jointly, to elect before the evidence closes which defendant to proceed against, with the action dismissed against the others.
Full Text of 735 ILCS 5/6-125
Plain-English Summary
Not every multi-defendant ejectment case involves defendants sharing the same space; sometimes several named defendants each occupy their own separate piece of the disputed property. This section addresses that scenario. When the action is against several defendants and the trial reveals that some of them occupy distinct parcels, whether in severalty or jointly, the plaintiff must choose which defendant or defendants to proceed against.
Timing matters for that choice. The election has to be made at trial, before the evidence in the action is closed, rather than left open until after the proofs are complete. Once the plaintiff elects, the action is dismissed as to the defendants not proceeded against, narrowing the case to the chosen parcel or parcels.
This section stands apart from 6-124, which lets a plaintiff recover against all defendants in joint possession or claiming title together. Where the defendants' occupancy turns out to be of distinct, separate parcels rather than shared possession, this section requires the plaintiff to narrow the case instead of proceeding against everyone at once.
Frequently Asked Questions
When must a plaintiff elect among multiple defendants under this section?
When trial shows that some of several defendants occupy distinct parcels, in severalty or jointly, rather than sharing possession together.
By what point in the trial must the plaintiff make that election?
Before the evidence in the action is closed.
What happens to defendants the plaintiff does not elect to proceed against?
The action is dismissed as to those defendants.
How does this differ from the rule in 6-124?
6-124 lets recovery run against all defendants in joint possession or claiming title; this section applies instead when defendants occupy separate, distinct parcels, requiring an election rather than recovery against all of them.
Can the plaintiff wait until after the close of evidence to decide which defendant to pursue?
No. The section requires the election to be made before the evidence in the action is closed.
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: electing which defendant to proceed against ejectmentdistinct parcels multiple defendants illinoisdismissing defendants ejectment trial illinoisplaintiff election at trial ejectment