Illinois Motion for Summary Judgment
Illinois sets no statewide notice-of-motion period or response deadline for summary judgment, leaving them to local circuit rules and the assigned judge, and no fixed pretrial filing cutoff beyond the dispositive-motion date, if any, the trial court sets; the moving party's right to judgment must still be clear and free from doubt under Illinois case law.
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Introduction
In Illinois, there is no statewide day count for how much notice a motion for summary judgment requires or how long the other side has to respond. 735 ILCS 5/2-1005 and Illinois Supreme Court Rule 191 set the standard and the affidavit requirements, but Rule 21 leaves notice-of-motion timing to each of the state's judicial circuits' own local rules, and the response deadline is whatever the local circuit rule or the assigned judge's briefing schedule or case management order sets; the statute itself only says the opposing party may file counteraffidavits prior to or at the hearing. Check your circuit's local rules and the judge's order before you calendar anything. There is also no fixed statewide filing cutoff tied to the trial date: under Rule 191(a), a summary judgment motion must be filed before the last date, if any, that the trial court has set in that case for dispositive motions, so the real deadline is whatever date appears in your own case's scheduling order. The standard itself has not changed since 1985 (P.A. 84-316): judgment is proper if the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (735 ILCS 5/2-1005(c)). Illinois courts add their own gloss: because summary judgment is a drastic way to end a case, it is granted only when the moving party's right to judgment is clear and free from doubt (Purtill v. Hess, 111 Ill. 2d 229, 240 (1986)). Required papers include the notice of motion and the motion itself; supporting affidavits are optional, but if used they must meet Rule 191(a)'s form requirements, meaning personal knowledge, particular facts, attached sworn or certified documents, and admissible facts only. Illinois does not require a statewide-mandated separate statement of undisputed facts the way California does, though an individual circuit's local rule may. A party can also seek partial relief: under 735 ILCS 5/2-1005(d), the court can specify major issues that are without substantial controversy even while denying full summary judgment, and those facts are then deemed established at trial. Summary judgment is technical and is lost on procedure as often as on the merits. Attorney review is available. This page does not cover a motion to dismiss, a motion to set aside a default, or summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 instead.
Key Things to Know
- 1
Illinois sets no statewide notice-of-motion period and no statewide response deadline for a motion for summary judgment: notice timing is set by each judicial circuit's own local rules under Illinois Supreme Court Rule 21, and the response deadline is whatever the local circuit rule or the assigned judge's briefing schedule or case management order sets. Check both before you calendar this motion.
- 2
If you were served with an Illinois summary judgment motion, the statute only guarantees you the right to file counteraffidavits prior to or at the hearing (735 ILCS 5/2-1005(c)); the local circuit rule or the judge's briefing schedule may set an earlier deadline, so confirm the actual date with the clerk or the case file right away.
- 3
There is no fixed statewide filing cutoff tied to the trial date. Under Illinois Supreme Court Rule 191(a), the motion must be filed before the last date, if any, that the trial court has set in that case for dispositive motions.
- 4
The standard has not changed since 1985 (P.A. 84-316): summary judgment is proper if the pleadings, depositions, and admissions on file, with any affidavits, show no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law (735 ILCS 5/2-1005(c)).
- 5
Illinois courts add a movant-hostile gloss: summary judgment is a drastic remedy granted only when the moving party's right to judgment is clear and free from doubt (Purtill v. Hess, 111 Ill. 2d 229, 240 (1986)).
- 6
Supporting affidavits are optional, but if used they must meet Illinois Supreme Court Rule 191(a)'s form requirements, and Illinois does not require a statewide-mandated separate statement of undisputed facts the way California does.
- 7
Under 735 ILCS 5/2-1005(d), the court can specify major issues without substantial controversy even while denying full summary judgment, and those facts are deemed established at trial. Summary judgment is technical, and attorney review is available.
Key decisions before you file
Before you file a Motion for Summary Judgment in Illinois, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Illinois Requirements for Motion for Summary Judgment
No Statewide Notice-of-Motion Period
Illinois Supreme Court Rule 21 delegates notice-of-motion timing to each judicial circuit's own local rules; there is no statewide day count for how much notice a summary judgment motion requires before the hearing.
No Statewide Response Deadline
735 ILCS 5/2-1005(c) only states that the opposing party may file counteraffidavits prior to or at the time of the hearing; the actual response deadline is set by the local circuit rule or the assigned judge's briefing schedule or case management order.
Filing Cutoff Tied to the Case Management Order
Illinois Supreme Court Rule 191(a) requires the motion to be filed before the last date, if any, that the trial court has set in that case for dispositive motions, rather than a fixed number of days before trial.
Genuine Issue Standard Under 735 ILCS 5/2-1005(c)
Unchanged since 1985 (P.A. 84-316): judgment is proper if the pleadings, depositions, and admissions on file, with any affidavits, show no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
Purtill v. Hess Clear-and-Free-From-Doubt Gloss
Illinois case law holds that because summary judgment is a drastic means of disposing of litigation, it is allowed only when the moving party's right to judgment is clear and free from doubt (Purtill v. Hess, 111 Ill. 2d 229, 240 (1986)).
Rule 191(a) Affidavit Form Requirements
Supporting affidavits, if used, must be made on personal knowledge, set forth facts with particularity, attach sworn or certified copies of documents relied on, and state only facts admissible in evidence, under Illinois Supreme Court Rule 191(a).
No Statewide Separate Statement of Facts
Unlike California, Illinois has no statewide rule requiring a separate statement of undisputed material facts, though an individual circuit's local rule may require one.
Partial Summary Judgment via Summary Determination of Major Issues
Under 735 ILCS 5/2-1005(d), the court can enter an order specifying major issues that are without substantial controversy even while denying full summary judgment, and those facts are then deemed established at trial.
Counteraffidavits From the Opposing Party
735 ILCS 5/2-1005(c) allows the opposing party to file counteraffidavits prior to or at the time of the hearing on the motion.