In Illinois, summary judgment is governed by Section 2-1005 of the Code of Civil Procedure, which directs the court to enter judgment without a trial when the pleadings, depositions, admissions, and affidavits on file show that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.1Illinois General Assembly. Illinois Code 735 ILCS 5/2-1005 – Summary Judgments The standard sounds simple, but the procedural requirements around it are unforgiving, and a motion or response that stumbles on the technical rules can decide the case before anyone reaches the merits.
What the Court Is Actually Deciding
A “genuine” issue is one where the evidence, if believed by a jury, could actually change the outcome. A “material” fact is one that matters to the legal elements of the claim or defense. Theoretical disagreement is not enough.
The Illinois Supreme Court has called summary judgment “a drastic means of disposing of litigation,” and courts construe the record strictly against the party seeking judgment and liberally in favor of the opponent.2Supreme Court of Illinois. Robidoux v. Oliphant The judge is not there to weigh conflicting evidence or decide who is more credible. The only question at this stage is whether a factual dispute exists that a jury should resolve.
Who Has to Prove What
The party filing the motion carries the initial burden and can meet it two ways. One is to present affirmative evidence showing that no genuine dispute exists. The other is to point out that the opposing side lacks the evidence it would need to prove an essential element of its case at trial. Illinois courts have adopted a framework similar to the federal approach in Celotex Corp. v. Catrett, where the moving party does not always have to produce its own evidence negating the claim.3Justia. Celotex Corp. v. Catrett
Once the movant meets that initial burden, the burden shifts. The opposing party has to come forward with specific facts showing a genuine issue for trial. Vague allegations and conclusions will not do it. A party that sits on its hands here can lose the entire lawsuit without ever seeing a courtroom.
When You Can File
The statute gives broad flexibility. A plaintiff may move for summary judgment any time after the defendant has appeared or after the deadline for appearance has passed. A defendant may file at any time.1Illinois General Assembly. Illinois Code 735 ILCS 5/2-1005 – Summary Judgments
In practice, the real deadline comes from the trial court and local rules. Illinois Supreme Court Rule 191(a) requires motions for summary judgment to “be filed before the last date, if any, set by the trial court for the filing of dispositive motions.”4Illinois Courts. Illinois Supreme Court Rule 191 – Proceedings Under Sections 2-1005, 2-619 and 2-301(b) of the Code of Civil Procedure Local circuits add their own layers. Cook County’s Law Division, for instance, requires that summary judgment motions be filed and noticed for hearing at least 45 days before trial, unless the case management order sets a different deadline or the court grants leave.5Circuit Court of Cook County. Part 2 – Hearing of Motions
Filing before discovery closes is a gamble. A deposition or document that surfaces later can create exactly the factual dispute that defeats the motion. Defendants who believe a claim is fundamentally unsupportable sometimes file early anyway to force the issue and cut off costs.
Affidavit Requirements Under Rule 191(a)
Affidavits are how facts get in front of the judge. Rule 191(a) imposes requirements that regularly trip up experienced lawyers, and courts enforce them without much sympathy. Every affidavit must:
- Be based on the affiant’s personal, firsthand knowledge, not secondhand information or speculation.
- Set forth specific facts that would be admissible at trial, not legal conclusions like “the defendant was negligent.”
- Come from someone competent to testify to those facts on the witness stand.
- Attach sworn or certified copies of every document the affiant relies on.
These rules apply to both the movant and the respondent.4Illinois Courts. Illinois Supreme Court Rule 191 – Proceedings Under Sections 2-1005, 2-619 and 2-301(b) of the Code of Civil Procedure In Robidoux v. Oliphant, the Illinois Supreme Court upheld the striking of an affidavit that contained vague conclusions and failed to attach supporting documents, which led to summary judgment against the party who submitted it.2Supreme Court of Illinois. Robidoux v. Oliphant A single missing document or a stray legal conclusion can sink the filing.
If You Need More Discovery to Respond
Sometimes the party facing the motion has not yet had a real chance to gather the evidence needed to fight it. Rule 191(b) is the safety valve. If material facts are known only to people whose affidavits cannot be obtained because of hostility or other reasons, the responding party can file an affidavit explaining the situation and ask for a continuance to conduct further discovery.4Illinois Courts. Illinois Supreme Court Rule 191 – Proceedings Under Sections 2-1005, 2-619 and 2-301(b) of the Code of Civil Procedure
The 191(b) affidavit has to name the people whose testimony is needed, explain why their affidavits cannot be obtained, describe what the affiant believes they would say under oath, and state the basis for that belief. If the court finds the request justified, it can grant a continuance, allow depositions, order interrogatories, or require document production. Skipping this step when discovery is incomplete can forfeit the argument on appeal that summary judgment was granted too soon. It is one of the most commonly overlooked procedural moves in the entire process.
How to Respond to the Motion
The respondent’s deadline is usually set by local rule or court order, and missing it is costly. A party that files no counter-affidavits or opposing evidence leaves the judge with only the movant’s version of the facts.
A strong response has three pieces: counter-affidavits that comply with Rule 191(a), any other evidence creating a genuine factual dispute, and a written legal argument explaining why summary judgment should be denied. Many local circuits also require a separate, numbered statement of material facts. The movant files a statement of facts it contends are undisputed with citations to the record. The respondent must then address each numbered paragraph, admit or dispute it with references to supporting evidence, and may add its own facts. Failing to submit or properly respond to the statement of facts can result in the court treating the movant’s facts as undisputed.
After the papers are in, the court typically holds a hearing for oral argument and then rules. The judge decides whether a genuine factual dispute exists, not who is telling the truth.
Partial Summary Judgment
The motion does not have to be all-or-nothing. Section 2-1005 lets the court resolve pieces of a case while leaving others for trial.
The court can enter summary judgment on liability alone and send the amount of damages to trial when liability is clear but the recovery figure is genuinely disputed. Under subsection (d), a party can also ask the court to determine one or more major issues in the case even when substantial controversy remains on others. Any issue the court finds free from factual dispute is treated as established at trial, and the trial then proceeds only on what is left.1Illinois General Assembly. Illinois Code 735 ILCS 5/2-1005 – Summary Judgments In complex cases with a mix of clear-cut and genuinely disputed issues, this can cut weeks off the trial.
Combining Summary Judgment With Other Motions
Section 2-619.1 allows a party to combine a summary judgment motion under Section 2-1005 with a Section 2-615 motion challenging the legal sufficiency of a pleading and a Section 2-619 motion seeking dismissal based on an affirmative defense like the statute of limitations.6Illinois General Assembly. Illinois Code 735 ILCS 5/2-619.1 – Combined Motions
There is a structural requirement, though. Each part of the combined motion must be clearly separated and identified by the section it invokes. Courts take this seriously because the legal standards differ: a 2-619 motion assumes the allegations are true and asserts a defense that defeats the claim anyway, while a 2-1005 motion asks the court to examine the evidence. Blurring the two frameworks in a single argument invites a denied motion.
Appealing a Summary Judgment Ruling
When the court grants summary judgment and resolves the entire case, the losing party has 30 days after the final judgment (or after the ruling on the last timely post-trial motion, whichever is later) to file a notice of appeal.7Illinois Courts. Illinois Supreme Court Rule 303 – Appeals from Final Judgments of the Circuit Court in Civil Cases Appellate courts review summary judgment de novo, giving no deference to the trial judge and examining the record fresh.
When a case has multiple claims or parties and summary judgment resolves only some of them, the appeal path is trickier. Under Illinois Supreme Court Rule 304(a), a judgment that resolves fewer than all claims or parties is not appealable unless the trial court makes an express written finding that “there is no just reason for delaying either enforcement or appeal or both.”8Illinois Courts. Illinois Supreme Court Rule 304 – Appeals from Final Judgments That Do Not Dispose of an Entire Proceeding Without that finding, the partial judgment can be revised any time before the rest of the case is resolved. A win on one count with other counts surviving is not locked in.
A denial of summary judgment is generally not a final, appealable order. It simply means the case proceeds to trial, and it is not among the interlocutory orders appealable as of right under Rule 307.9Illinois Courts. Illinois Supreme Court Rule 307 – Interlocutory Appeals as of Right In narrow circumstances a party can seek permissive interlocutory appeal under Rule 308, but that requires the trial court to certify a question of law with substantial ground for difference of opinion where immediate appeal could materially advance the case. Most denied motions have to wait for a final judgment after trial.