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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(735 ILCS 5/2-1005) (from Ch. 110, par. 2-1005)
Sec. 2-1005.
Summary judgments.
(a) For plaintiff. 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.
(b) For defendant. 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.
(c) Procedure. The opposite party may prior to or at the time of
the hearing on the motion file counteraffidavits. The judgment sought
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 the issue of liability
alone although there is a genuine issue as to the amount of damages.
(d) Summary determination of major issues. If the court determines
that there is no genuine issue of material fact as to one or more of the
major issues in the case, but that substantial controversy exists with
respect to other major issues, or if a party moves for a summary
determination of one or more, but less than all, of the major issues in the
case, and the court finds that there is no genuine issue of material fact
as to that issue or those issues, 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. Upon the trial of the case, the facts so
specified shall be deemed established, and the trial shall be conducted accordingly.
(e) Form of affidavits. The form and contents of and procedure
relating to affidavits under this Section shall be as provided by rule.
(f) Affidavits made in bad faith. If it appears to the satisfaction
of the court at any time that any affidavit presented pursuant to this
Section is presented in bad faith or solely for the purpose of 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.
(g) Amendment of pleading. Before or after the entry of a summary
judgment, the court shall permit pleadings to be amended upon just and
reasonable terms.
(Source: P.A. 84-316.)
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