Illinois summary judgment: 735 ILCS 5/2-1005 and the counteraffidavit you can file at the hearing
Illinois procedure · Last verified August 17, 2026
Section 2-1005 is short on deadlines by design. It says who may move and when, states the standard, and leaves the schedule to the Supreme Court Rules and the assigned judge.
Who may move, and when
A plaintiff — 2-1005(a). "Any time after the opposite party has appeared or after the time within which he or she is required to appear has expired, a plaintiff may move with or without supporting affidavits for a summary judgment in his or her favor for all or any part of the relief sought."
So a plaintiff must wait for an appearance, or for the appearance deadline to pass — but no fixed number of days beyond that.
A defendant — 2-1005(b). "A defendant may, at any time, move with or without supporting affidavits for a summary judgment in his or her favor as to all or any part of the relief sought against him or her."
No waiting period at all. As in Georgia, a defending party's motion can come at any point in the case.
The opposing papers
2-1005(c): "The opposite party may prior to or at the time of the hearing on the motion file counteraffidavits."
That is unusually permissive on its face — counteraffidavits at the hearing itself. In practice Illinois Supreme Court Rule 191 governs the form and content of affidavits under this section (2-1005(e) says the form, contents and procedure "shall be as provided by rule"), and Rule 183 governs extensions. Circuit court local rules and standing orders routinely impose their own briefing schedules, and those control where they speak.
Read 2-1005(c) as the floor, not the schedule.
The standard
2-1005(c): judgment "shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."
A summary judgment "interlocutory in character" may be rendered on liability alone although the amount of damages remains in genuine issue.
Partial relief — the "major issues" provision
2-1005(d) is Illinois's distinctive contribution, and it works in two directions.
If the court determines there is no genuine issue of material fact as to one or more of the major issues but substantial controversy exists as to others — or if a party moves for summary determination of one or more, but fewer than all, of the major issues, and the court so finds — then the court "shall thereupon draw an order specifying the major issue or issues that appear without substantial controversy, and directing such further proceedings upon the remaining undetermined issues as are just."
And the consequence: "Upon the trial of the case, the facts so specified shall be deemed established, and the trial shall be conducted accordingly."
So a party may move expressly for summary determination of a major issue rather than for judgment on a whole claim, and the court may narrow the case on its own even when denying the broader relief.
Bad-faith affidavits
2-1005(f): if it appears at any time that an affidavit was presented in bad faith or solely for delay, the court "shall without delay order the party employing it to pay to the other party the amount of the reasonable expenses which the filing of the affidavit caused him or her to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt."
Mandatory in terms — "shall without delay."
Amending after a ruling
2-1005(g): "Before or after the entry of a summary judgment, the court shall permit pleadings to be amended upon just and reasonable terms."
That is a broad direction, and it connects to 735 ILCS 5/2-616, which allows amendments on just and reasonable terms at any time before final judgment, including changing the cause of action or defence.
A summary judgment in Illinois is therefore not necessarily the end of the pleading.
Combining with a motion to dismiss
735 ILCS 5/2-619.1 lets a summary-judgment motion under 2-1005 be filed together with motions under 2-615 and 2-619 "as a single motion in any combination" — but the combined motion "shall be in parts," each part limited to and specifying the section it is made under, and each part clearly showing the points or grounds relied on under that section.
The format requirement is mandatory. A combined motion that blurs 2-615, 2-619 and 2-1005 is vulnerable on form regardless of its merits, because those three sections apply different standards to different materials. The guide on Illinois motions to dismiss covers the distinction between the first two.
Compared with the systems we cover
| Illinois 2-1005 | Federal Rule 56 | Georgia § 9-11-56 | California CCP 437c | |
|---|---|---|---|---|
| Earliest a defendant may move | any time | any time | any time | 60 days after each opposing party's general appearance |
| Earliest a plaintiff may move | after appearance, or after the time to appear expires | any time | 30 days after commencement | same 60-day rule |
| Deadline to file | none in the statute | 30 days after close of all discovery, unless changed | none in the statute | none; hearing ≤ 30 days before trial |
| Notice before hearing | not set by statute | not set by rule | 30 days | 81 days |
| Opposing papers | prior to or at the hearing | set by local rule | before the day of hearing | 20 days before hearing |
| Separate statement | not required | not required by rule | not required | required |
| Partial relief | "major issues" order; facts deemed established | Rule 56(g) order | § 9-11-56(d) order | summary adjudication under 437c(f) |
The pattern is worth noting: Illinois, Georgia and the federal rules all leave the real briefing schedule to court rules and orders. California is the outlier that fixes every date in the statute.
Where these rules live
- 735 ILCS 5/2-615 — Motions With Respect to Pleadings
- 735 ILCS 5/2-616 — Amendments
- 735 ILCS 5/2-619 — Involuntary Dismissal
- 735 ILCS 5/2-619.1 — Combined Motions
- 735 ILCS 5/2-1005 — Summary Judgment
- 735 ILCS 5/2-1301 — Judgments; Default
Illinois Supreme Court Rules 183 and 191, and circuit court local rules, supply the schedule and the affidavit requirements that 2-1005 leaves to rule. This page explains what the statutes say. It isn't legal advice.