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Illinois Compiled Statutes

735 ILCS 5/2-1005 (2026)

Summary judgments

✓ current as of May 2026
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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.)

    
Notes of Decisions
Cited in 2,402 cases (610 in the last 5 years), 1993–2026 · leading case: Robidoux v. Oliphant, 775 N.E.2d 987 (Ill. 2002).
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Robidoux v. Oliphant, 775 N.E.2d 987 (Ill. 2002). · cites it 4× “Justice KILBRIDE, dissenting: I respectfully dissent from the majority's sanctioning of summary judgment in this case when the trial court failed to comply with the mandates of section 2-1005 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-1005 (West 2000)).…”
Forsythe v. Clark USA, Inc., 864 N.E.2d 227 (Ill. 2007). · cites it 4× “Subsequently, plaintiffs added Clark Refining's parent company, Clark USA, as a defendant. Clark USA is the only defendant involved in this appeal.”
Pielet v. Pielet, 2012 IL 112064 (Ill. 2012). · cites it 2× “¶ 29 Summary judgment motions are governed by section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 2008)). Pursuant to that statute, summary judgment should be granted only where the pleadings, depositions, admissions and affidavits on file, when viewed in the…”
Cramer v. Ins. Exch. Agency, 675 N.E.2d 897 (Ill. 1996). · cites it 3× “This issue was raised in the context of a motion for summary judgment under section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 1994)), and both the circuit and appellate courts concluded that neither the Code section nor the contractual limitations provision…”
Ioerger v. Halverson Const. Co., Inc., 902 N.E.2d 645 (Ill. 2008). · cites it 3× “All the remaining counts involved other defendants and are not relevant to this appeal.”
Cohen v. Chicago Park Dist., 2017 IL 121800 (Ill. 2017). · cites it 2× “*440 ¶ 16 Analysis ¶ 17 At issue in this appeal is the circuit court's order granting summary judgment in favor of defendant. Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish that there is no genuine issue of material…”
A.M. Realty W. L.L.C. v. MSMC Realty, L.L.C., 2016 IL App (1st) 151087 (Ill. App. Ct. 2016). · cites it 2× “3d at 1058 -59 (citing 735 ILCS 5/2-1005(c) (West 2008)). In making this determination, the court must view the relevant documents in the light most favorable to the nonmoving party.”
People v. Morgan, 2025 IL 130626 (Ill. 2025). “2d 223, 228 (2003)) or section 2-1005 motion for summary judgment (735 ILCS 5/2-1005 (West 2022)) (Forsythe v.”
Gold Realty Grp. Corp. v. Kismet Café, Inc., 832 N.E.2d 403 (Ill. App. Ct. 2005). · cites it 4× “DECISION Defendants contend the grant of summary judgment based on allegations not contained in the pleadings (1) violates section 2-1005(c) of the Code of Civil Procedure, 735 ILCS 5/2-1005(c) (West 2002), and (2) violates the Fourteenth Amendment by depriving defendants of…”
Horwitz v. Holabird & Root, 816 N.E.2d 272 (Ill. 2004). · cites it 2× “" 735 ILCS 5/2-1005(c) (West 2000); Gilbert v.”
State Bank of Cherry v. CGB Enter., Inc., 2013 IL 113836 (Ill. 2013). · cites it 2× “On April 29, 2009, plaintiff filed its motion for summary judgment pursuant to section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 2008)). Plaintiff argued that defendant admitted to all the allegations in plaintiff’s complaint and that defendant’s only…”
Mashal v. City of Chicago, 2012 IL 112341 (Ill. 2012). · cites it 2× “Specifically, that summary judgment is proper only where 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.”
Show all 2,402 citing cases →
— 735 ILCS 5/2-1005(a) — 37 cases
Morningside North Apt. I, LLC v. 1000 N. LaSalle, LLC>, 2017 IL App (1st) 162274 (Ill. App. Ct. 2017).
Am. Freedom Ins. Co. v. Garcia, 2021 IL App (1st) 200231 (Ill. App. Ct. 2021).
Lewis v. Jager, 2022 IL App (4th) 220016 (Ill. App. Ct. 2022).
55 Jackson Acquisition, LLC v. Roti Restaurants, LLC, 2022 IL App (1st) 210138 (Ill. App. Ct. 2022).
Vill. of Riverdale v. Nosmo Kings, 2023 IL App (1st) 221380 (Ill. App. Ct. 2023).
— 735 ILCS 5/2-1005(b) — 36 cases
Brandon v. Bonell, 858 N.E.2d 465 (Ill. App. Ct. 2006).
Parks v. Kownacki, 737 N.E.2d 287 (Ill. 2000).
Garcia v. Nelson, 759 N.E.2d 601 (Ill. App. Ct. 2001).
Rotzoll v. Overhead Door Corp., 681 N.E.2d 156 (Ill. App. Ct. 1997).
Jiotis v. The Burr Ridge Park Dist., 2014 IL App (2d) 121293 (Ill. App. Ct. 2014).
— 735 ILCS 5/2-1005(c) — 1906 cases
Robidoux v. Oliphant, 775 N.E.2d 987 (Ill. 2002). “Justice KILBRIDE, dissenting: I respectfully dissent from the majority's sanctioning of summary judgment in this case when the trial court failed to comply with the mandates of section 2-1005 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-1005 (West 2000)).…”
Cohen v. Chicago Park Dist., 2017 IL 121800 (Ill. 2017). “*440 ¶ 16 Analysis ¶ 17 At issue in this appeal is the circuit court's order granting summary judgment in favor of defendant. Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish that there is no genuine issue of material…”
A.M. Realty W. L.L.C. v. MSMC Realty, L.L.C., 2016 IL App (1st) 151087 (Ill. App. Ct. 2016). “3d at 1058 -59 (citing 735 ILCS 5/2-1005(c) (West 2008)). In making this determination, the court must view the relevant documents in the light most favorable to the nonmoving party.”
Horwitz v. Holabird & Root, 816 N.E.2d 272 (Ill. 2004). “" 735 ILCS 5/2-1005(c) (West 2000); Gilbert v.”
Carney v. Union Pac. R.R. Co., 2016 IL 118984 (Ill. 2016).
— 735 ILCS 5/2-1005(d) — 33 cases
Mashal v. City of Chicago, 2012 IL 112341 (Ill. 2012). “Specifically, that summary judgment is proper only where 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.”
The Carle Found. v. Cunningham Twp., 2017 IL 120427 (Ill. 2017).
Morningside North Apt. I, LLC v. 1000 N. LaSalle, LLC>, 2017 IL App (1st) 162274 (Ill. App. Ct. 2017).
Landreth v. Raymond P. Fabricius, P.C., 2018 IL App (3d) 150760 (Ill. App. Ct. 2018).
Marxmiller v. Champaign-Urbana Mass Transit Dist., 2017 IL App (4th) 160741 (Ill. App. Ct. 2017).
— 735 ILCS 5/2-1005(e) — 4 cases
Lansing v. Sw. Airlines Co., 2012 IL App (1st) 101164 (Ill. App. Ct. 2012).
Smith v. Murphy, 2013 IL App (1st) 121839 (Ill. App. Ct. 2013).
Moorehead v. Mustang Constr. Co. Modified upon Denial of Rehearing (Ill. App. Ct. 2004).
Meck v. Paramedic Servs. of Illinois (Ill. App. Ct. 1998).
— 735 ILCS 5/2-1005(f) — 2 cases
Cori v. Schlafly, 2021 IL App (5th) 200342-U (Ill. App. Ct. 2021).
Cori v. Schlafly, 2025 IL App (5th) 240587-U (Ill. App. Ct. 2025).
— 735 ILCS 5/2-1005(g) — 35 cases
Cramer v. Ins. Exch. Agency, 675 N.E.2d 897 (Ill. 1996). “This issue was raised in the context of a motion for summary judgment under section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 1994)), and both the circuit and appellate courts concluded that neither the Code section nor the contractual limitations provision…”
Gold Realty Grp. Corp. v. Kismet Café, Inc., 832 N.E.2d 403 (Ill. App. Ct. 2005). “DECISION Defendants contend the grant of summary judgment based on allegations not contained in the pleadings (1) violates section 2-1005(c) of the Code of Civil Procedure, 735 ILCS 5/2-1005(c) (West 2002), and (2) violates the Fourteenth Amendment by depriving defendants of…”
Berg v. Allied Sec., Inc., 737 N.E.2d 160 (Ill. 2000).
Steinberg v. Dunseth, 658 N.E.2d 1239 (Ill. App. Ct. 1995).
McNerney v. Allamuradov, 2017 IL App (1st) 153515 (Ill. App. Ct. 2017).
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