(a) Time for Filing. A motion to dismiss or transfer the action under the doctrine of forum
non conveniens must be filed by a party not later than 90 days after the last day allowed for the filing of that party’s answer.
Rule 187.Motions on Grounds of Forum Non Conveniens
Article II. Rules on Civil Proceedings in the Trial Court · Part C. Appearances and Times for Answers, Replies, and Motions · Last amended 2018 · Last verified July 20, 2026
In one sentenceRule 187 sets the filing deadline and procedure for a motion to dismiss or transfer a case on forum non conveniens grounds, along with what happens after such a motion is granted.
Full Text of Ill. S. Ct. R. 187
(b) Proceedings on motions. Hearings on motions to dismiss or transfer the action under the
doctrine of forum non conveniens shall be scheduled so as to allow the parties sufficient time to conduct discovery on issues of fact raised by such motions. Such motions may be supported and opposed by affidavit. In determining issues of fact raised by affidavits, any competent evidence adduced by the parties shall also be considered. The determination of any issue of fact in connection with such a motion does not constitute a determination of the merits of the case or any aspect thereof.
(c) Proceedings upon granting of motions. (1) Intrastate transfer of action. The clerk of the court from which a transfer is granted to
another circuit court in this State on the ground of forum non conveniens shall immediately certify and transmit to the clerk of the court to which the transfer is ordered the documents filed in the case and all orders entered therein. The clerk of the court to which the transfer is ordered shall file the documents and transcript transmitted to him or her and docket the case, and the action shall proceed and be determined as if it had originated in that court. The costs attending a transfer shall be taxed by the clerk of the court from which the transfer is granted, and, together with the filing fee in the transferee court, shall be paid by the party or parties who applied for the transfer.
(2) Dismissal of action. Dismissal of an action under the doctrine of forum non conveniens shall be upon the following conditions:
(i) if the plaintiff elects to file the action in another forum within six months of the dismissal order, the defendant shall accept service of process from that court; and
(ii) if the statute of limitations has run in the other forum, the defendant shall waive that defense. If the defendant refuses to abide by these conditions, the cause shall be reinstated for further proceedings in the court in which the dismissal was granted. If the court in the other forum refuses to accept jurisdiction, the plaintiff may, within 30 days of the final order refusing jurisdiction, reinstate the action in the court in which the dismissal was granted. The costs attending a dismissal may be awarded in the discretion of the court.
Plain-English Summary
Forum non conveniens lets a court send a case elsewhere, or dismiss it, when another location would serve the litigation better. Rule 187 requires that motion to be filed within 90 days after the deadline for that party’s answer, a rule designed to prevent the tactic from being used as a late-stage surprise.
Hearings on these motions have to allow the parties enough time to gather evidence on the factual questions the motion raises, and the parties can support or oppose the motion with affidavits and other competent evidence. Whatever the court decides on those facts is only about where the case belongs, not about the merits of the underlying claims.
When a court grants an intrastate transfer, the clerk of the losing court certifies and sends the case file to the new court, which then treats the case as if it originated there, with transfer costs falling on whoever asked for the move. A dismissal on forum non conveniens grounds comes with built-in conditions: the defendant must accept service in the new forum if the plaintiff refiles within six months, and must waive a statute-of-limitations defense if that period has by then run in the new forum. If the defendant balks at those conditions, or if the other forum refuses to take the case, the original court can reinstate the action.
Frequently Asked Questions
How long do I have to file a forum non conveniens motion in Illinois?
90 days after the last day allowed for filing your answer.
Can I use affidavits to support a forum non conveniens motion?
Yes, Rule 187(b) allows motions to be supported and opposed by affidavit and other competent evidence, and the court considers any factual disputes those raise.
Does winning a forum non conveniens motion decide the merits of the case?
No, Rule 187(b) specifically says that resolving factual issues on this kind of motion does not amount to a decision on the merits.
What happens if a court dismisses my case on forum non conveniens grounds and the new forum will not take it?
You can reinstate the action in the original court within 30 days of the final order refusing jurisdiction elsewhere.
What conditions does a defendant have to accept when a case is dismissed for forum non conveniens?
The defendant must accept service of process if the plaintiff refiles in another forum within six months, and must waive any statute-of-limitations defense if the limitations period expired in the meantime.
Committee Comments
(February 21, 1986)
Rule 187 was adopted, effective August 1, 1986, to provide for the timely filing of motions on forum non conveniens grounds (see Bell v. Louisville & Nashville R.R. Co. (1985), 106 Ill. 2d 135), and to standardize the procedure governing interstate and intrastate forum non conveniens motions.
Paragraph (a) Paragraph (a) calculates the period for filing a forum non conveniens motion from the last day allowed for the filing of that party’s answer. (Compare Rule 182(a).) Paragraph (a) refers to “that party’s answer” to insure that a later-joined defendant is not foreclosed from filing a forum non conveniens motion by the failure of another defendant to do so in a timely manner.
Paragraph (b) Paragraph (b) requires that hearings on forum non conveniens motions be scheduled to allow the parties sufficient time to conduct discovery on factual issues raised by such motions. The trial court should exercise its discretion in determining how much time is sufficient.
Paragraph (c) Paragraph (c)(1) establishes the procedure to be followed when a transfer to another Illinois county on forum non conveniens grounds is granted. The procedures to be followed by the clerks of the transferee and transferor courts are similar to those in cases of transfer for wrong venue. See Section 2-106(b) of the Code of Civil Procedure. Attorney fees may not be awarded under this subparagraph. Paragraph (c)(2) establishes two mandatory conditions to be placed on all dismissals on forum non conveniens grounds. If a defendant does not abide by those conditions, the cause is to be reinstated in the court in which the dismissal was granted. If the court in an appropriate forum refuses jurisdiction, the plaintiff has 30 days from the final order refusing jurisdiction to refile the action in the court in which the dismissal was granted. The awarding of costs is discretionary with the trial court. Attorney fees may not be awarded under this subparagraph.
Amendment History
Adopted February 21, 1986, effective August 1, 1986; amended Jan. 4, 2013, eff. immediately; amended Dec. 29, 2017, eff. Jan. 1, 2018.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as: forum non conveniens motion illinoistransfer venue to another countydismiss case wrong forummotion to dismiss timing forumreinstating case after forum non conveniens dismissal