(a) All affidavits presented to the court shall be filed with the clerk.
2-1103.Affidavits.
Article II. Civil Practice · Part 11. Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRequires affidavits presented to the court to be filed with the clerk, and lets the court, at its discretion, require live oral testimony instead -- except on a motion for change of venue based on prejudice.
Full Text of 735 ILCS 5/2-1103
(b) If evidence is necessary concerning any fact which according to law and the practice of the court may now be supplied by affidavit, the court may, in its discretion, require the evidence to be presented, wholly or in part, by oral examination of the witnesses in open court upon notice to all parties not in default, or their attorneys. If the evidence is presented by oral examination, an adverse party shall have the right to cross-examination. This Section does not apply to applications for change of venue on grounds of prejudice.
Plain-English Summary
All affidavits presented to the court must be filed with the clerk -- a basic filing requirement that applies across civil practice.
Beyond that, where the law and practice of the court would otherwise let a fact be shown by affidavit, the court may, in its discretion, require the evidence to be presented instead through oral examination of witnesses in open court, on notice to all parties not in default (or their attorneys). If oral testimony is used this way, an adverse party has the right to cross-examine.
The section carves out one exception: this discretion to demand live testimony doesn't apply to a motion for change of venue on grounds of prejudice, which stays on the affidavit record.
Frequently Asked Questions
Where must an affidavit filed with the court go?
To the clerk.
Can a judge require a witness to testify in person instead of relying on an affidavit?
Yes. The court may, in its discretion, require oral examination in open court, on notice to the parties.
Does the other side get to cross-examine if oral testimony replaces an affidavit?
Yes. An adverse party has the right to cross-examine.
Does this discretion apply to a motion for change of venue based on prejudice?
No. This Section does not apply to those motions.
Who gets notice before oral examination is required?
All parties not in default, or their attorneys.
Amendment History
(Source: P.A. 82-280.)
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 civil affidavit filingoral testimony instead of affidavit illinoischange of venue prejudice affidavit illinois