Illinois Motion for Summary Judgment: Rule 191, Filing, and Appeal

A motion for summary judgment in Illinois is filed under 735 ILCS 5/2-1005 and asks the court to decide the case on the written record, without a trial, because the pleadings, depositions, admissions, and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.¹ The motion has a standard structure Illinois judges expect, strict rules about the affidavits that support it, and a filing process that runs through the eFileIL system. Getting each piece right is what separates motions that resolve a case from motions that get denied.

One thing to know before drafting. Illinois courts read every disputed piece of evidence strictly against the party filing the motion and liberally in favor of the opponent.² If a reasonable person could look at the record and find for the non-moving party, the motion fails. A “material” fact is one that could change who wins; disagreements about anything else will not defeat the motion on their own.

When You Can File

A plaintiff can move for summary judgment any time after the defendant has appeared or after the deadline for the defendant to appear has passed. A defendant can file at any time, with no waiting period.¹ Either side can move on the whole case or on any part of it.

Most motions are filed after discovery closes, because you need deposition transcripts, document productions, and admissions to build the factual record. The statute does not force you to wait, but if the trial court has set a dispositive motion deadline, Illinois Supreme Court Rule 191 requires the motion to be filed before that cutoff.³ Missing that date can mean the court refuses to hear the motion at all.

How to Structure the Motion

Illinois summary judgment motions follow a predictable format. The pieces below are the ones a circuit court judge expects to see, in this order.

Caption and Introduction

The document opens with a caption identifying the court, the parties, and the case number. In the circuit courts, the caption reads “In the Circuit Court of [County], Illinois” followed by the names of the parties and the case number.⁴ A short introduction under the caption identifies who is filing, what relief is sought, and the statutory authority: 735 ILCS 5/2-1005.

Statement of Undisputed Material Facts

This is the backbone of the motion. Use short, numbered paragraphs, each stating a single fact the movant contends is undisputed. Every numbered paragraph must include a citation to a specific piece of the record: a deposition page, an interrogatory answer, a request to admit, or an affidavit paragraph. Vague references to “the discovery record” will not do the work. Judges read this section as a roadmap and want to flip directly to the cited page to confirm each fact. If a numbered fact lacks a citation, treat it as if it is not in the motion.

Legal Argument

The argument section applies Illinois statutes and appellate decisions to the undisputed facts to show that only one legal conclusion is available. Organize by legal issue rather than by exhibit. Walk the judge through the elements of the claim or defense at stake and demonstrate that no reasonable reading of the undisputed record supports the other side on at least one element.

Prayer for Relief and Exhibits

The motion closes with a prayer for relief asking the court to enter judgment in the movant’s favor, typically with prejudice so the claim cannot be refiled. Attach every exhibit referenced in the statement of facts at the end, organized under lettered or numbered tabs. A clean exhibit package lets the judge verify each fact without hunting through loose documents.

Affidavit Requirements Under Rule 191

Affidavits carry the heaviest formal requirements in the whole motion. Under Illinois Supreme Court Rule 191(a), every affidavit filed in support of a summary judgment motion must meet all of the following:

The signer must have personal knowledge of the facts stated, not secondhand information or speculation.
The affidavit must set out specific facts, not conclusions or opinions.
The affidavit must show the signer would be competent to testify to the same facts if called at trial.
Sworn or certified copies of every document the signer relies on must be attached.

If no single person has personal knowledge of everything you need, Rule 191(a) requires you to use multiple affidavits from different people rather than stretching one signer beyond what they actually witnessed.³

Expert affidavits face an extra hurdle. An expert cannot simply state a conclusion. The affidavit must explain the factual basis for the opinion and the methodology used to reach it. An affidavit that amounts to “I am an expert and this is my opinion” will not create or defeat a genuine dispute, and Illinois courts routinely strike expert affidavits that lack supporting analysis.

When key facts are locked in the hands of a hostile witness, Rule 191(b) gives you a path forward. Submit an affidavit that names the person whose statement you cannot get, explains why you cannot get it, and describes what you believe that person would say. The court can then grant or deny the motion, continue the hearing to allow depositions, or order the other side to produce documents.³

Filing Through eFileIL and the Hearing Sequence

Electronic filing is mandatory in all civil cases in the Illinois Supreme, Appellate, and Circuit Courts.⁵ Submit the motion, supporting affidavits, exhibits, and a notice of motion through the eFileIL system. The notice of motion tells the opposing party when and where the motion will be heard. Hearing dates are typically secured through the judge’s clerk or the court’s online scheduling portal and are usually set weeks out to allow for briefing.

p>After filing, the court sets a briefing schedule. The opposing party files a response with counteraffidavits and its own evidence, and can do so up to or at the time of the hearing.¹ The movant then files a reply. Briefing deadlines are enforced strictly, and missing one can mean the court disregards your arguments.

The hearing itself is oral argument before the judge, sometimes in the courtroom and sometimes by video. The judge may rule from the bench or take the matter under advisement and issue a written order later. That order either grants the motion, denies it, or grants it in part and sets the remaining issues for trial.

Partial Summary Judgment

You do not have to win the whole case in one motion. Under Section 2-1005(c), the court can grant summary judgment on liability alone and leave damages for trial. Section 2-1005(d) allows the court to resolve any major issue that is free of factual dispute and order that fact treated as established at the later trial, even when other issues remain contested.¹ Eliminating some counts or issues before trial narrows what a jury has to consider and shortens the case.

How This Differs From a 2-619 Motion

Do not confuse Section 2-1005 with Section 2-619. A 2-1005 motion argues the undisputed facts entitle you to win on the merits. A 2-619 motion argues that even accepting the other side’s allegations as true, the claim fails for a specific legal defect: the statute of limitations has run, a prior judgment already resolved the case, the claim is unenforceable under the Statute of Frauds, and so on. Section 2-619.1 lets you combine both into a single filing, but the document must be divided into clearly labeled parts, with each part identifying whether it relies on Section 2-619 or Section 2-1005 and stating its own grounds.⁶

Sanctions for Bad Faith Filings

Illinois law has two tools for punishing frivolous conduct connected to summary judgment. Section 2-1005(f) targets affidavits: if the court finds an affidavit was submitted in bad faith or solely to delay the case, the offending party pays the other side’s reasonable expenses, including attorney’s fees, and the responsible party or attorney can be held in contempt.¹

Illinois Supreme Court Rule 137 applies to the motion itself. By signing, the attorney or self-represented party certifies that after reasonable inquiry, the filing is grounded in fact, warranted by existing law, and not made to harass or delay. A violation lets the court order the signer, the represented party, or both to pay the other side’s reasonable expenses and attorney’s fees. The court must explain its reasoning in writing, and any Rule 137 motion must be filed within 30 days of final judgment.⁷

Appeal Deadline and Standard of Review

A full grant of summary judgment that resolves the entire case is a final, appealable order. The losing party has 30 days from the date of the order to file a notice of appeal with the circuit court clerk. If a post-judgment motion is filed, the 30-day clock restarts from the date the court rules on that motion.⁸ Illinois appellate courts review summary judgment orders de novo, giving no deference to the trial judge’s decision and deciding the legal question fresh on the same record.

A partial summary judgment that leaves other claims for trial is generally not immediately appealable. You typically wait until the entire case ends before challenging the partial ruling.

1
Illinois General Assembly. Illinois Code of Civil Procedure 735 ILCS 5/2-1005 – Summary Judgments
2
Illinois Courts. Muhammad v. Citizens Bank, 2022 IL App (1st) 210571-U
3
Illinois Supreme Court. Illinois Supreme Court Rule 191 – Proceedings Under Sections 2-1005, 2-619 and 2-301(b) of the Code of Civil Procedure
4
Circuit Court of Cook County. General Order No. 6.1 – Captions
5
eFileIL. eFileIL – Court E-Filing Solution for Illinois
6
Justia Law. Illinois Compiled Statutes Chapter 735 Act 735 ILCS 5 Article II – Civil Practice
7
Illinois Supreme Court. Illinois Supreme Court Rule 137 – Signing of Pleadings, Motions and Other Documents
8
Illinois Supreme Court. Illinois Supreme Court Rule 303 – Appeals From Final Judgments of the Circuit Court in Civil Cases