Illinois Compiled Statutes
735 ILCS 5/2-1010 (2026)
(a) In any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, hospital, or other healing art malpractice, a party may, in lieu of answering or otherwise pleading, file an affidavit certifying that he or she was not directly or indirectly involved in the occurrence or occurrences alleged in the action
✓ current as of May 2026
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(735 ILCS 5/2-1010)
(from Ch. 110, par. 2-1010)
Sec. 2-1010.
(a) In any action, whether in tort, contract or otherwise,
in which the plaintiff seeks damages for injuries or death by reason of
medical, hospital, or other healing art malpractice, a party may, in lieu
of answering or otherwise pleading, file an affidavit certifying that he or
she was not directly or indirectly involved in the occurrence or
occurrences alleged in the action. In the event such an affidavit is filed,
the court shall order the dismissal of the claim against the certifying
party, except as provided for in subparagraph (b).
(b) Any party may oppose the dismissal or move to vacate the order of
dismissal and reinstate the certifying party, provided he or she can show
that the certifying party was directly or indirectly involved in the
occurrence or occurrences alleged in the action.
The party opposing the dismissal may, after the filing of an affidavit
under this Section, have discovery with respect to the involvement or
noninvolvement of the party filing the affidavit, provided that such
discovery is completed within 60 days of the filing of such affidavit.
(c) This Section does not apply to or affect any actions pending
at the time of its effective date, but applies to cases filed on or
after its effective date.
(Source: P.A. 84-7.)
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2010–2024 · leading case: Owens v. VHS Acqusition Subsidiary No. 3, 2017 IL App (1st) 161709 (Ill. App. Ct. 2017).
Owens v. VHS Acqusition Subsidiary No. 3, 2017 IL App (1st) 161709 (Ill. App. Ct. 2017). “Raziuddin filed a motion for dismissal claiming noninvolvement pursuant to section 2-1010 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1010 (West 2012)), claiming that Dr.”
Kakos v. Butler, 2016 IL 120377 (Ill. 2016). “A party demanding a jury of 12 after another party 1 Defendants Butler and Spine Consultants, LLC, were dismissed from the underlying litigation by the circuit court pursuant to section 2-1010 of the Code of Civil Procedure after plaintiffs filed their appeal in this court (735…”
Kakos v. Butler, 2016 IL 120377 (Ill. 2016). “If a fee in connection with a jury demand is required by statute or rule of court, the fee for a jury of 6 shall be ½ the fee for a jury of 1 Defendants Butler and Spine Consultants, LLC, were dismissed from the underlying litigation by the circuit court pursuant to section…”
Owens v. VHS Acqusition Subsidiary No. 3, Inc., 2017 IL App (1st) 161709 (Ill. App. Ct. 2017). “Raziuddin filed a motion for dismissal claiming noninvolvement pursuant to section 2-1010 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1010 (West 2012)), claiming that Dr.”
Cherkassky v. Tsipursky, 2024 IL App (1st) 230553-U (Ill. App. Ct. 2024). “¶9 On April 25, 2022, Surgicare filed its own motion to dismiss under sections 2-619 and 2- 1010 (735 ILCS 5/2-1010 (West 2022)) on the grounds that it was neither directly nor indirectly involved in the events at issue in the second amended complaint.”
Thompson v. Nw. Mem'l Healthcare, 2021 IL App (1st) 210012-U (Ill. App. Ct. 2021). “when the matter was loosely related to it; (3) Cook County had a lesser interest in the matter because plaintiff and daughter were not residents; and (4) the DuPage County docket was less crowded than Cook County ¶ 14 On the same date of July 26, 2019, in addition to the motion…”
Johnson v. Ingalls Mem'l Hosp. (Ill. App. Ct. 2010). “Threatte’s motion to dismiss was granted on January 27, 2005, without prejudice pursuant to section 2-1010 of the Code of Civil Procedure (735 ILCS 5/2-1010 (West 2004)) due to the fact that he did not treat Johnson during the period of time alleged in the first amended…”
— 735 ILCS 5/2-1010(a) — 1 case
Cherkassky v. Tsipursky, 2024 IL App (1st) 230553-U (Ill. App. Ct. 2024). “¶9 On April 25, 2022, Surgicare filed its own motion to dismiss under sections 2-619 and 2- 1010 (735 ILCS 5/2-1010 (West 2022)) on the grounds that it was neither directly nor indirectly involved in the events at issue in the second amended complaint.”
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