Article II. Rules on Civil Proceedings in the Trial Court · Part G. Entry of Orders and Judgments · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 273 treats most involuntary dismissals as a decision on the merits, unless the dismissal order or a statute says otherwise, or the case was dismissed for lack of jurisdiction, improper venue, or failure to join a necessary party.
Full Text of Ill. S. Ct. R. 273
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Unless the order of dismissal or a statute of this State otherwise specifies, an involuntary
dismissal of an action, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join an indispensable party, operates as an adjudication upon the merits.
Plain-English Summary
Rule 273 answers a question that can decide whether a plaintiff gets a second chance: what does an involuntary dismissal mean for the case going forward? Under the rule, most involuntary dismissals count as an adjudication on the merits, meaning the plaintiff cannot refile the same claim.
Three categories fall outside that rule: a dismissal for lack of jurisdiction, a dismissal for improper venue, and a dismissal for failing to join a party who had to be part of the case. Those dismissals leave the door open to refile. The dismissal order itself, or a statute, can also carve out a different result than the default rule provides.
Frequently Asked Questions
Does an involuntary dismissal usually bar refiling the same claim?
Yes, Rule 273 treats most involuntary dismissals as decisions on the merits, which generally bar a second suit on the same claim.
What kinds of dismissals do not count as decisions on the merits?
Dismissals for lack of jurisdiction, improper venue, or failure to join a necessary party.
Can a court order something different from the default rule?
Yes, the dismissal order itself, or a statute, can specify a different effect than the merits presumption.
Does this rule apply to voluntary dismissals?
No, it addresses only involuntary dismissals, meaning those the court orders rather than ones the plaintiff requests.
Where does this rule come from?
It is modeled on the federal rule governing the effect of involuntary dismissal in federal civil cases.
Committee Comments
This rule is based upon Rule 41(b) of the Federal Rules of Civil Procedure and sets to rest the question of the effect of an involuntary dismissal other than those excepted by the rule. Cf. Lurie v. Rupe, 51 Ill. App. 2d 164, 176, 201 N.E.2d 158 (1st Dist. 1964).
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:involuntary dismissal effectdismissal with prejudiceadjudication on the meritsrefiling after dismissal