facts upon claim (Illinois) · Go Syfert
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facts upon claim in Illinois

100 Illinois opinions name it 2 courts 1906–2025 7 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (19)

CaseFollowedCited
Robidoux v. Oliphantgreen
ill · 2002 · cited in 8 Illinois opinions naming this issue, 2009–2019
2 sentences

2019Jan. 4, 2013), an affidavit submitted in connection with a motion for summary judgment “shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” “An affidavit submitted in the summary judgment context serves as a substitute

2015July 1, 2002), which provides, in pertinent part, as follows: "Affidavits in support of and in opposition to a motion for summary judgment under section 2-1005 of the Code of Civil Procedure *** shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all papers upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can tes

58
Cammon v. West Suburban Hospital Medical Centergreen
illappct · 1998 · cited in 5 Illinois opinions naming this issue, 2003–2007
2 sentences

2007App. 3d at 391 , citing Common v. West Suburban Hospital Medical Center, 301 Ill.

2007App.3d at 391 , 273 Ill.Dec. 610 , 789 N.E.2d 784 , citing Cammon v. West Suburban Hospital Medical Center, 301 Ill.App.3d 939, 946 , 235 Ill.Dec. 158 , 704 N.E.2d 731 (1998), and Wolf v. Meister-Neiberg, Inc., 143 Ill.2d 44, 46-48 , 155 Ill.Dec. 814 , 570 N.E.2d 327 (1991).

45
Wilson v. Clarkgreen
ill · 1981 · cited in 4 Illinois opinions naming this issue, 2002–2015
2 sentences

2015At trial, an expert may give an opinion without first disclosing the facts underlying that opinion (Wilson v. Clark, 84 Ill. 2d 186, 194 , 417 N.E.2d 1322, 1326 (1981)) because the opposing party has the opportunity to cross-examine the expert as to the basis of his opinion.

2015At trial, an expert may give an opinion without first disclosing the facts underlying that opinion (Wilson v. Clark, 84 Ill. 2d 186, 194 , 417 N.E.2d 1322, 1326 (1981)) because the opposing party has the opportunity to cross-examine the expert as to the basis of his opinion.

24
Kugler v. Southmark Realty Partners IIIgreen
illappct · 1999 · cited in 4 Illinois opinions naming this issue, 2001–2007
2 sentences

2007“If, from the document as a whole, it appears that the affidavit is based upon the personal knowledge of the affiant and there is a reasonable inference that the affiant could competently testify to its contents at trial, Rule 191 is satisfied.” Kugler v. Southmark Realty Partners III, 309 Ill.

2007“If, from the document as a whole, it appears that the affidavit is based upon the personal knowledge of the affiant and there is a reasonable inference that the affiant could competently testify to its contents at trial, Rule 191 is satisfied.” Kugler v. Southmark Realty Partners III, 309 Ill.

24
Go-Tane Service Stations, Inc. v. Sharpgreen
illappct · 1979 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006Go-Tane Service Stations, Inc., 78 Ill.

2006Go- Tane Service Stations, Inc., 78 Ill.

22
Cordeck Sales, Inc. v. Construction Systems, Inc.green
illappct · 2008 · cited in 2 Illinois opinions naming this issue, 2009–2022
2 sentences

2022The rule requires that affidavits “be made on the personal knowledge of the affiant[ ]” and “set forth with particularity the facts upon which the claim, counterclaim, or defense is based.” Id. “[A]ffidavits that are conclusory and fail to state facts with particularity do not strictly comply with Rule 191(a) and may be stricken.” Cordeck Sales Inc. v. Construction Systems, Inc., 382 Ill.

2009"Accordingly, affidavits that are conclusory and fail to state facts with particularity do not strictly comply with Rule 191(a) and may be stricken." Cordeck I, 382 Ill.App.3d at 382 , 320 Ill.Dec. 330 , 887 N.E.2d 474 , citing Robidoux v. Oliphant, 201 Ill.2d 324, 336 , 266 Ill.Dec. 915 , 775 N.E.2d 987 (2002).

12
Stephens v. Northern Indiana Public Service Co.green
illappct · 1980 · cited in 2 Illinois opinions naming this issue, 2018–2018
2 sentences

2018(Internal quotation marks omitted.) Stephens v. Northern Indiana Public Service Co., 87 Ill.

2018(Internal quotation marks omitted.) Stephens v. Northern Indiana Public Service Co. , 87 Ill.

12
Anderson v. Human Rights Commissiongreen
illappct · 2000 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025Jan. 4, 2013) generally provides that affidavits in support of a motion to dismiss or a motion for summary judgment “shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” ¶ 17 Furthermore, “[i]n civil cases in Illinois,

11
Griffin v. Universal Casualty Co.green
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Jan. 4, 2013) (“shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; *** and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto”); see also 735 ILCS 5/1-109 (West 2018) (“Unless otherwise expressly provided by rule of the Supreme Court, whenever in this Code any *** affidavit, return or proof of service, or other document or pleading filed in any court of this State is required or permitted to be verified, or made, sworn to or verified under o

11
U.S. Bank National Ass'n v. Gaguagreen
illappct · 2020 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Among the requirements of the rule, the affidavits “shall set forth with particularity the facts upon which the claim *** is based,” “shall not consist of conclusions but of facts admissible in evidence,” and “shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” Id. “ ‘An affidavit satisfies the requirements of Rule 191(a) if from the document as a whole it appears the affidavit is based on the personal knowledge of the affiant and there is a reasonable inference that the affiant could competently testify to its contents.’ ” U.S. Bank National Ass

11
Solon v. Godbolegreen
illappct · 1987 · cited in 1 Illinois opinions naming this issue, 2019–2019
11
Jackson v. Grahamgreen
illappct · 2001 · cited in 1 Illinois opinions naming this issue, 2015–2015
11
American Service Insurance v. China Ocean Shipping Co. (Americas), Inc.green
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2015–2015
11
Farmers Automobile Insurance Association v. Neumanngreen
illappct · 2015 · cited in 1 Illinois opinions naming this issue, 2015–2015
11
Cambridge Engineering, Inc. v. Mercury Partners 90 BI, Inc.green
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2014–2014
11
Preze v. Borden Chemical, Inc.green
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2009–2009
11
Pritchett v. Asbestos Claims Management Corp.green
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2005–2005
11
Millsaps v. Bankers Life Co.green
illappct · 1976 · cited in 1 Illinois opinions naming this issue, 1993–1993
11
Dietz v. Spallagreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 1991–1991
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (61)

CaseCitedYears
Allied American Insurance v. Mickiewicz green
illappct · 1984
2 sentences

1989App.3d 705 , 464 N.E.2d 1112 .) Rule 191(a), which governs affidavits in summary judgment proceedings, states the following, in pertinent part: "Affidavits in support of and in opposition to a motion for summary judgment * * * shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all papers upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant

1989App. 3d 705 , 464 N.E.2d 1112 .) Rule 191(a), which governs affidavits in summary judgment proceedings, states the following, in pertinent part: “Affidavits in support of and in opposition to a motion for summary judgment *** shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all papers upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant,

41989–2001
Castro v. Bellucci green
illappct · 2003
2 sentences

2007“Central to this inquiry is whether the record reveals that the defendant was on notice, before the expiration of the [limitations] period, of the facts upon which the claim set out in the amended complaint is based.” Bellucci, 338 Ill.

2007"Central to this inquiry is whether the record reveals that the defendant was on notice, before the expiration of the [limitations] period, of the facts upon which the claim set out in the amended complaint is based." Bellucci, 338 Ill.

32007–2007
Wolf v. Meister-Neiberg, Inc. green
ill · 1991
2 sentences

2007App.3d at 391 , 273 Ill.Dec. 610 , 789 N.E.2d 784 , citing Cammon v. West Suburban Hospital Medical Center, 301 Ill.App.3d 939, 946 , 235 Ill.Dec. 158 , 704 N.E.2d 731 (1998), and Wolf v. Meister-Neiberg, Inc., 143 Ill.2d 44, 46-48 , 155 Ill.Dec. 814 , 570 N.E.2d 327 (1991).

2007App.3d at 391 , 273 Ill.Dec. 610 , 789 N.E.2d 784 , citing Cammon v. West Suburban Hospital Medical Center, 301 Ill.App.3d 939, 946 , 235 Ill.Dec. 158 , 704 N.E.2d 731 (1998), and Wolf v. Meister-Neiberg, Inc., 143 Ill.2d 44, 46-48 , 155 Ill.Dec. 814 , 570 N.E.2d 327 (1991).

31998–2007
Quaintance Associates, Inc. v. PLM, INC. green
illappct · 1981
2 sentences

2002Quaintance Associates, Inc. v. PLM, Inc., 95 Ill.

2002Quaintance Associates, Inc. v. PLM, Inc. , 95 Ill.

31993–2002
Mitchell v. Simms green
illappct · 1979
2 sentences

1991App. 3d 215, 219 , 398 N.E.2d 211 .) As a general rule, to charge a party with laches, it is essential that the party have knowledge of the facts upon which his claim is based yet fail to proceed in a timely manner.

1990In arguing that his delay in bringing suit was reasonable, plaintiff notes that laches arises where there is, inter alia, a delay despite a plaintiff’s knowledge of the facts upon which his claim is based (Mitchell v. Simms (1979), 79 Ill.

31982–1991
US Bank v. Avdic green
illappct · 2014
2 sentences

2025US Bank, National Ass’n v. Avdic, 2014 IL App (1st) 121759, ¶ 22 .

2020US Bank, National Ass’n v. Avdic, 2014 IL App (1st) 121759, ¶ 22 .

22020–2025
Western Illinois Oil Co. v. Thompson green
ill · 1962
2 sentences

2017The rule states that affidavits: “shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant - 17 - relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” Id. ¶ 79 Because affidavits submitted in the summary judgment context serve as a substitute for testimony at trial, affidavi

2017The rule states that affidavits: “shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” Id. ¶ 79 Because affidavits submitted in the summary judgment context serve as a substitute for testimony at trial, affidavits must

22017–2017
Richter v. Prairie Farms Dairy green
ill · 2016
2 sentences

2017Jan. 4, 2013) sets forth the requirements for - 17 ­ affidavits supporting a section 2-619 motion to dismiss, providing as follows: “[Affidavits] shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” ¶ 41 “In ruling on

2017Jan. 4, 2013) sets forth the requirements for - 17 ­ affidavits supporting a section 2-619 motion to dismiss, providing as follows: “[Affidavits] shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” ¶ 41 “In ruling on

22017–2017
Doria v. Village of Downers Grove green
illappct · 2009
2 sentences

2010If all of the facts to be shown are not within the personal knowledge of one person, two or more affidavits shall be used.” 210 Ill. 2d R. 191(a). “ ‘[I]f, from the document as a whole, it appears that the affidavit is based upon the personal knowledge of the affiant and there is a reasonable inference that the affiant could competently testify to its contents at trial, Rule 191 is satisfied.’ ” Doria v. Village of Downers Grove, 397 Ill.

2010If all of the facts to be shown are not within the personal knowledge of one person, two or more affidavits shall be used.” 210 Ill. 2d R. 191(a). “ ‘[I]f, from the document as a whole, it appears that the affidavit is based upon the personal knowledge of the affiant and there is a reasonable inference that the affiant could competently testify to its contents at trial, Rule 191 is satisfied.’ ” Doria v. Village of Downers Grove, 397 Ill.

22010–2010
Redfield v. Continental Casualty green
ca7 · 1987
2 sentences

2004"As a consequence, a plaintiff in federal court need not set out in detail the facts upon which his claim is based." Redfield , 818 F.2d at 605 .

2004“As a consequence, a plaintiff in federal court need not set out in detail the facts upon which his claim is based.” Redfield, 818 F.2d at 605 .

22004–2004
Northrop v. Lopatka green
illappct · 1993
2 sentences

2001Because Halpin’s affidavit was conclusory and did not include the facts upon which he based his opinions, the affidavit did not comply with Rule 191. 145 Ill. 2d R. 191; Northrop v. Lopatka, 242 Ill.

2001Because Halpin's affidavit was conclusory and did not include the facts upon which he based his opinions, the affidavit did not comply with Rule 191. 145 Ill. 2d R. 191; Northrop v. Lopatka , 242 Ill.

22001–2001
Zegers v. Zegers, Inc. green
illappct · 1976
2 sentences

1991(Zegers v. Zegers, Inc. (1976), 38 Ill.

1979Zegers v. Zegers, Inc. (1976), 38 Ill.

21979–1991
Suntrust Mortgage, Inc. v. Ulrich neutral
illappct · 2021
1 sentence

2025Jan. 4, 2013) provides that affidavits submitted in support of a motion for summary judgment shall (1) be made on the personal knowledge of the affiant, (2) set forth with particularity the facts upon which the claim is based, (3) have attached thereto certified copies of documents on which the affiant relies, (4) consist of admissible facts rather than conclusions, and (5) affirm the affiant’s competence to testify to the contents of the affidavit.” Suntrus Mortgage, Inc. v. Ulrich, 2021 IL App (2d) 200294, ¶ 17 .

12025–2025
In Re Estate of Rennick green
ill · 1998
1 sentence

2022The rule requires that affidavits “be made on the personal knowledge of the affiant[ ]” and “set forth with particularity the facts upon which the claim, counterclaim, or defense is based.” Id. “[A]ffidavits that are conclusory and fail to state facts with particularity do not strictly comply with Rule 191(a) and may be stricken.” Cordeck Sales Inc. v. Construction Systems, Inc., 382 Ill.

12022–2022
Chicago Title & Trust Co. v. Weiss green
illappct · 1992
1 sentence

2022App. 3d 1056, 1063 (1995) (citing Chicago Title & Trust Co. v. Weiss, 238 Ill.

12022–2022
Lewis v. Lead Industries Ass'n green
ill · 2020
1 sentence

2022Id. ¶ 48 “Affidavits in support of and in opposition to a motion for summary judgment *** shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” Ill.

12022–2022
Illinois Tool Works Inc. v. Travelers Casualty and Surety Company green
illappct · 2015
1 sentence

2021Under Supreme Court Rule 191, affidavits submitted in connection with a motion for summary judgment “shall be made on the personal knowledge of the affiants; shall set forth with 4 1-19-0608 particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” Id. ¶ 13 Defendant argues that Michael Bennett’s aff

12021–2021
Brettman v. Virgil Cook & Son, Inc. green
illappct · 2020
1 sentence

2020Jan. 4, 2013) provides in pertinent part: “Affidavits in support of and in opposition to a motion for summary judgment under section 2-1005 of the Code of Civil Procedure *** shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, - 23 - 2020 IL App (2d) 190955 counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a wi

12020–2020
Doe v. Coe green
ill · 2019
1 sentence

2020Among the requirements of the rule, the affidavits “shall set forth with particularity the facts upon which the claim *** is based,” “shall not consist of conclusions but of facts admissible in evidence,” and “shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” Id. “ ‘An affidavit satisfies the requirements of Rule 191(a) if from the document as a whole it appears the affidavit is based on the personal knowledge of the affiant and there is a reasonable inference that the affiant could competently testify to its contents.’ ” U.S. Bank National Ass

12020–2020
Safeway Insurance Co. v. Ebijimi green
illappct · 2018
12019–2019
Snow v. Power Construction Co., LLC green
illappct · 2017
1 sentence

2019Snow v. Power Construction Co., LLC, 2017 IL App (1st) 151226, ¶ 79 . ¶ 22 Rule 191(a) provides that affidavits in opposition to a motion for summary judgment “shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto.” An af

12019–2019
Madden v. F.H. Paschen/S.N. Nielson, Inc. green
illappct · 2009
12018–2018
Doe v. Coe green
illappct · 2017
12017–2017
JPMorgan Chase Bank, N.A. v. East-West Logistics, L.L.C. green
illappct · 2014
12015–2015
D'Attomo v. Baumbeck green
illappct · 2015
12015–2015
Burge v. Exelon Generation Company, LLC green
illappct · 2015
12015–2015
Fields v. Schaumburg Firefighters' Pension Board green
illappct · 2008
12011–2011
Stratman v. Brent green
illappct · 1997
12007–2007
Rinchich v. Village of Bridgeview green
illappct · 1992
11996–1996
Canzoneri v. Village of Franklin Park green
illappct · 1987
11996–1996
Lamkin v. Towner green
ill · 1990
11993–1993
Anderson \Safeway\" Guard Rail Corp. v. Champaign Asphalt Co." green
illappct · 1971
11992–1992
Patterson v. Stern green
illappct · 1967
11992–1992
Streams Club, Ltd. v. Thompson green
illappct · 1989
11992–1992
People v. Robinson green
illappct · 1987
11992–1992
Oak Trust & Savings Bank v. Annerino green
illappct · 1978
11990–1990
Pyle v. Ferrell green
ill · 1958
11990–1990
Bobin v. Tauber green
illappct · 1976
11989–1989
Manuel v. McKissack neutral
illappct · 1978
11989–1989
People v. Johnson green
illappct · 1968
11988–1988

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1005 (16) IL § 735 ILCS 5/2-619 (11) IL § 735 ILCS 5/2-616 (5) IL § 735 ILCS 5/2-619.1 (5) IL § 735 ILCS 5/13-212 (4) IL § 735 ILCS 5/2-615 (4) IL § 210 ILCS 85/1 (3) IL § 210 ILCS 85/10.2 (3) IL § 215 ILCS 5/155 (3) IL § 735 ILCS 5/2-209 (3) IL § 735 ILCS 5/8-2101 (3) IL § 815 ILCS 505/1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 1269 (1903–2026) IL 100 (1906–2025) CA 39 (1876–2022) NY 28 (1883–2022) CT 26 (1932–2002) TN 20 (1986–2021) IN 19 (1870–2025) OH 19 (1920–2026) OK 19 (1909–1996) TX 18 (1903–2018) GA 15 (1917–1992) LA 14 (1948–2024) MN 12 (1915–2008) FL 12 (1939–2011) KY 12 (1923–2025) NJ 11 (1963–2022) MD 10 (1915–2017) MI 9 (1916–1993) AZ 8 (1910–2019) VA 8 (1897–2013) WA 8 (1928–2021) OR 7 (1896–1979) MO 6 (1938–2012) WY 6 (1988–2024) MS 5 (2005–2008) SC 5 (1908–2000) IA 5 (1897–1967) KS 4 (1903–1921) WI 4 (1905–2007) NM 4 (1946–1987) ID 4 (1905–2004) AL 4 (1975–1985) UT 3 (2008–2020) NC 3 (1973–2014) NE 2 (1926–1941) AR 2 (1994–2003) HI 2 (2012–2019) ME 2 (2000–2001) MA 2 (1986–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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