Article II. Civil Practice · Part 10. Pre-trial Steps · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-1010 lets a defendant in a medical malpractice suit skip answering the complaint and instead file an affidavit swearing to no involvement in the alleged occurrence, which triggers dismissal of the claim against that defendant unless another party proves involvement or uses a 60-day discovery window to try.
Full Text of 735 ILCS 5/2-1010
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(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.
Plain-English Summary
In any action seeking damages for injury or death from medical, hospital, or other healing art malpractice, Section 2-1010 offers a defendant a shortcut around the usual pleading process. Instead of answering or otherwise pleading to the complaint, a party can file an affidavit certifying that it was not directly or indirectly involved in the occurrence or occurrences the complaint alleges. Filing that affidavit triggers a court order dismissing the claim against the certifying party, subject to the challenge process in subsection (b).
That challenge process is the safeguard against a misused affidavit. Any party can oppose the dismissal, or move to vacate an order of dismissal already entered and reinstate the certifying party, by showing that the certifying party was in fact directly or indirectly involved in the alleged occurrence. To make that showing, the opposing party gets a discovery window aimed specifically at the involvement question, running from the affidavit's filing, and Section 2-1010(b) requires that discovery to be completed within 60 days of that filing.
The section applies going forward only: Section 2-1010(c) says it does not apply to or affect actions already pending when it took effect, only to cases filed on or after its effective date.
Frequently Asked Questions
What is the certifying affidavit under Section 2-1010, and who can file one?
An affidavit, filed in lieu of answering or otherwise pleading, certifying that the filing party was not directly or indirectly involved in the occurrence or occurrences alleged in a medical malpractice action. Any party to such an action can file one instead of a responsive pleading.
What happens once a defendant files a non-involvement affidavit in a malpractice case?
The court orders the claim against that party dismissed, unless another party successfully opposes the dismissal or later moves to vacate it under Section 2-1010(b).
Can the plaintiff challenge a defendant's claim of non-involvement?
Yes. Any party may oppose the dismissal, or move to vacate an order of dismissal and reinstate the certifying party, by showing that the certifying party was in fact directly or indirectly involved in the alleged occurrence.
How much time does a party get to investigate whether the certifying defendant was in fact involved?
Section 2-1010(b) allows discovery on the question of involvement or non-involvement, but that discovery must be completed within 60 days of the affidavit's filing.
Does Section 2-1010 apply to malpractice cases that were already pending when the law took effect?
No. Section 2-1010(c) says the section does not apply to or affect actions pending at the time of its effective date; it applies only to cases filed on or after that date.
Amendment History
(Source: P.A. 84-7.)
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
Also known as:illinois medical malpractice non-involvement affidavitdismissing a malpractice defendant illinoiscertifying no involvement medical malpractice illinois