735 ILCS 5/2-616
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article II - Civil Practice

 (from Ch. 110, par. 2-616)Sec. 2-616.     Amendments.(a) At any time before final judgment amendments may be allowed on  just and reasonable terms, introducing any party who ought to have been  joined as plaintiff or defendant, dismissing any party,  changing the cause of action or defense or adding new causes  of action or defenses, and in any matter, either of form or substance,  in any process, pleading, bill of particulars or proceedings, which may  enable the plaintiff to sustain the claim for which it was intended to  be brought or the defendant to make a defense or assert a cross claim.(b) The cause of action, cross claim or defense set up in any  amended pleading shall not be barred by lapse of time under any statute  or contract prescribing or limiting the time within which an action may  be brought or right asserted, if the time prescribed or limited had not  expired when the original pleading was filed, and if it shall appear  from the original and amended pleadings that the cause of action  asserted, or the defense or cross claim interposed in the amended  pleading grew out of the same transaction or occurrence set up in the  original pleading, even though the original pleading was defective in  that it failed to allege the performance of some act or the existence of  some fact or some other matter which is a necessary condition precedent  to the right of recovery or defense asserted, if the condition precedent  has in fact been performed, and for the purpose of preserving  the cause of action, cross claim or defense set up in the  amended pleading, and for that purpose only, an amendment to any  pleading shall be held to relate back to the date of the filing of the  original pleading so amended.(c) A pleading may be amended at any time, before or after judgment,  to conform the pleadings to the proofs, upon terms as to costs and  continuance that may be just.(d) A cause of action against a person not originally named a  defendant is not barred by lapse of time under any statute or contract  prescribing or limiting the time within which an action may be brought  or right asserted, if all the following terms and conditions are met:  (1) the time prescribed or limited had not expired when the original  action was commenced; (2) the person, within the time that the action might  have  been brought or the right asserted against him or her plus the time for  service permitted under Supreme Court Rule 103(b),  received such notice of the commencement  of the action that the person will not be prejudiced in maintaining a defense  on the merits and knew or should have known that, but for a mistake concerning  the identity of the proper party, the action would have been brought against  him or her; and (3) it appears  from the original and  amended pleadings that the cause of action asserted in the amended  pleading grew out of the same transaction or occurrence set up in the  original pleading, even though the original pleading was defective in  that it failed to allege the performance of some act or the existence of  some fact or some other matter which is a necessary condition precedent  to the right of recovery when the condition precedent has in fact been  performed, and even though the person was not named originally as a  defendant. For the purpose of preserving the cause of action under those  conditions, an amendment adding the person as a defendant relates back  to the date of the filing of the original pleading so amended.(e) A cause of action against a beneficiary of a land trust not  originally named a defendant is not barred by lapse of time under any  statute or contract prescribing or limiting the time within which an action  may be brought or right asserted, if all the following terms and conditions  are met: (1) the cause of action arises from the ownership, use or  possession of real estate, record title whereto is held by a land trustee;  (2) the time prescribed or limited had not expired when the original action  was commenced; (3) the land trustee of record is named as a defendant; and  (4) the plaintiff proceeds with reasonable diligence subsequent to the  commencement of the action to serve process upon the land trustee, to  determine the identity of the beneficiary, and to amend the complaint to  name the beneficiary as a defendant.(f) The changes made by this amendatory Act of the 92nd General Assembly  apply to all complaints filed on or after the effective date of this amendatory  Act, and to complaints filed before the effective date of this amendatory Act  if the limitation period has not ended before the effective date.    (Source: P.A. 92-116, eff. 1-1-02.)