{"data":{"id":"us-il/735-ilcs-5-2-401","jurisdiction":"us-il","citation":"735 ILCS 5/2-401","heading":"Designation of parties - Misnomer.","body":"(a) The party commencing an action shall be called the plaintiff. The adverse party shall be called the defendant.\n(b) Misnomer of a party is not a ground for dismissal but the name of any party may be corrected at any time, before or after judgment, on motion, upon any terms and proof that the court requires.\n(c) A party shall set forth in the body of his or her pleading the names of all parties for and against whom relief is sought thereby.\n(d) Unless a contrary meaning is indicated, wherever used in this Act and in rules adopted pursuant hereto the term \"plaintiff\" includes counterclaimants and third-party plaintiffs, and the term \"defendant\" includes third-party defendants and parties against whom relief is sought by counterclaim.\n(e) Upon application and for good cause shown the parties may appear under fictitious names.","path":["CHAPTER 735 CIVIL PROCEDURE","Code of Civil Procedure."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=2017\u0026ChapterID=56\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:43Z","sha256":"bc7f8fb4fcb1af6b91ec9457a8b77876c8a539a9f34ba5aae43ab736d300fe3a","source_id":"us-il","stale":false,"prev":"us-il/735-ilcs-5-2-301","next":"us-il/735-ilcs-5-2-402"},"notice":"GroundRules: Original legal text. Not legal advice."}
