Article II. Civil Practice · Part 10. Pre-trial Steps · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-1005 is Illinois's summary judgment statute: either side may move, with or without affidavits, for judgment on all or part of a claim, and the court must grant it without delay when the pleadings, depositions, admissions, and any affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Full Text of 735 ILCS 5/2-1005
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(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.
Plain-English Summary
Section 2-1005 sets Illinois's standard for deciding a civil case, or part of one, without a trial. The two sides move on different timelines: a plaintiff can move for summary judgment only after the opposing party has appeared or after the time to appear has expired, while a defendant can move at any time. Both may move with or without supporting affidavits, and either can seek judgment on all of the relief sought or only part of it.
The standard itself sits in subsection (c). The opposing party may file counter-affidavits before or at the hearing, and the statute directs the court to render judgment without delay if the pleadings, depositions, and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Section 2-1005(c) also allows a summary judgment on liability alone, interlocutory in character, even where a genuine issue remains over the amount of damages — letting a court resolve who is liable while leaving how much for later.
Subsection (d) offers a narrower tool for cases not ready for full summary judgment: summary determination of major issues. If the court finds no genuine issue of material fact on one or more major issues, even while substantial controversy remains on others — or if a party moves for summary determination of some, but not all, of the major issues — the court enters an order specifying which major issues are free of substantial controversy and directs further proceedings on what remains. At trial, the facts specified in that order are treated as established, narrowing what the factfinder still has to decide.
Several safeguards round out the section. The form of affidavits follows the applicable rule. If the court finds that an affidavit was presented in bad faith or solely to cause delay, it must order the offending party to pay the other side's reasonable expenses, including attorney's fees, and the offending party or attorney may be held in contempt. And the court must permit pleadings to be amended, on just and reasonable terms, either before or after a summary judgment is entered — summary judgment does not foreclose fixing the pleadings around whatever the court has decided.
Frequently Asked Questions
What must the moving party show to win summary judgment under Section 2-1005?
That the pleadings, depositions, and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. If both are shown, the statute directs the court to render judgment without delay.
When can a plaintiff move for summary judgment, and how is that different from a defendant's timing?
A plaintiff may move only after the opposing party has appeared or after the time to appear has expired. A defendant, by contrast, may move for summary judgment at any time.
Do I need affidavits to move for summary judgment in Illinois?
No. Section 2-1005 allows either a plaintiff or a defendant to move with or without supporting affidavits, and the court can also consider the pleadings, depositions, and admissions already on file.
Can a court grant summary judgment on liability but leave the amount of damages for trial?
Yes. Section 2-1005(c) expressly allows a summary judgment, interlocutory in character, on the issue of liability alone, even though a genuine issue remains as to the amount of damages.
What happens if a court finds that a summary judgment affidavit was filed in bad faith?
The court must order the party who filed it to pay the other party's reasonable expenses caused by the affidavit, including reasonable attorney's fees, and the offending party or attorney may also be held in contempt.
Amendment History
(Source: P.A. 84-316.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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