(a) Requirements. Motions for summary judgment under section 2-1005 of the Code of Civil Procedure and motions for involuntary dismissal under section 2-619 of the Code of Civil Procedure must be filed before the last date, if any, set by the trial court for the filing of dispositive motions. Affidavits in support of and in opposition to a motion for summary judgment under section 2-1005 of the Code of Civil Procedure, affidavits submitted in connection with a motion for involuntary dismissal under section 2-619 of the Code of Civil Procedure, and affidavits submitted in connection with a motion to contest jurisdiction over the person, as provided by section 2-301 of the Code of Civil Procedure, shall be made on the personal knowledge of the affiants; shall set forth with particularity the facts upon which the claim, counterclaim, or defense is based; shall have attached thereto sworn or certified copies of all documents upon which the affiant relies; shall not consist of conclusions but of facts admissible in evidence; and shall affirmatively show that the affiant, if sworn as a witness, can testify competently thereto. If all of the facts to be shown are not within the personal knowledge of one person, two or more affidavits shall be used.
Rule 191.Proceedings Under Sections 2-1005, 2-619 and 2-301(b) of the Code of Civil Procedure
Article II. Rules on Civil Proceedings in the Trial Court · Part D. Motions for Summary Judgments and Evidentiary Affidavits · Last amended 2013 · Last verified July 20, 2026
In one sentenceRule 191 sets the deadline and the evidentiary standards for affidavits filed to support or oppose summary judgment, involuntary dismissal, and personal-jurisdiction motions.
Full Text of Ill. S. Ct. R. 191
(b) When Material Facts Are Not Obtainable by Affidavit. If the affidavit of either party contains a statement that any of the material facts which ought to appear in the affidavit are known only to persons whose affidavits affiant is unable to procure by reason of hostility or otherwise, naming the persons and showing why their affidavits cannot be procured and what affiant believes they would testify to if sworn, with his reasons for his belief, the court may make any order that may be just, either granting or refusing the motion, or granting a continuance to permit affidavits to be obtained, or for submitting interrogatories to or taking the depositions of any of the persons so named, or for producing documents in the possession of those persons or furnishing sworn copies thereof. The interrogatories and sworn answers thereto, depositions so taken, and sworn copies of documents so furnished, shall be considered with the affidavits in passing upon the motion.
Plain-English Summary
Rule 191 is Illinois’s core procedural rule for summary judgment practice, working alongside section 2-1005 of the Code of Civil Procedure. Motions for summary judgment and motions for involuntary dismissal under section 2-619 must be filed before whatever deadline the trial court has set for dispositive motions.
Affidavits filed in connection with those motions, along with affidavits used to contest personal jurisdiction, all have to meet the same evidentiary bar. They must be based on the affiant’s personal knowledge, state the underlying facts with real particularity, attach sworn or certified copies of any documents relied on, avoid bare conclusions in favor of facts admissible in evidence, and show that the affiant could competently testify to those facts in court. If no single person knows every fact needed, the moving or opposing party can file more than one affidavit to cover the ground.
Rule 191(b) addresses a harder situation: what if key facts are known only to a hostile witness whose affidavit cannot realistically be obtained? A party can explain that problem to the court, naming the witness and describing what they would likely say. The court then has real flexibility, it can grant or deny the underlying motion, grant a continuance to chase down more evidence, or order interrogatories, depositions, or document production from that witness, all of which get folded into the record along with the affidavits already on file.
Frequently Asked Questions
What has to be in an affidavit supporting a summary judgment motion in Illinois?
It must be based on the affiant’s personal knowledge, state the supporting facts with particularity, attach sworn or certified copies of any documents relied on, stick to admissible facts rather than conclusions, and show the affiant could testify to those facts competently in court.
Is there a deadline for filing a motion for summary judgment?
Yes, Rule 191(a) requires it to be filed before the last date, if any, that the trial court set for dispositive motions.
What if the facts I need for my affidavit are only known to someone who will not cooperate?
Rule 191(b) lets you explain that to the court, naming the person and describing what you believe they would say, and the court can respond with a continuance, interrogatories, depositions, or an order for document production.
Can more than one person’s affidavit be used to support a summary judgment motion?
Yes, Rule 191(a) allows using two or more affidavits when no single affiant has personal knowledge of every relevant fact.
Does Rule 191 apply to more than just summary judgment motions?
Yes, it also governs affidavits submitted with motions for involuntary dismissal under section 2-619 and affidavits used to contest personal jurisdiction under section 2-301.
Comments and Related Materials
Committee Comments
(March 28, 2002)
The words “special appearance,” which formerly appeared in paragraph (a) of Rule 191, were replaced in 2002 with the word “motion” in order to conform to changes in terminology in section 2-301 of the Code of Civil Procedure (735 ILCS 5/2-301 (West 1998)).
Committee Comments
This is former Rule 15, as it existed before 1964, without change in substance. Note that a discovery deposition or an answer to an interrogatory may be used as if it were an affidavit. (See Rules 212(a)(4) and 213(f).) Paragraph (a) of Rule 191 was amended in 1971 to make the rule applicable to affidavits submitted in connection with special appearances under section 20(2) of the Civil Practice Act to contest jurisdiction over the person. Sections 2-1005(a) and 2-1005(b) of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 2-1005) set time limits within which a plaintiff or a defendant may file motions for summary judgment. In 1992, paragraph (a) was amended to require that motions for summary judgment and motions for involuntary dismissal must be filed not later than the last date, if any, set by the court for the filing of dispositive motions.
Administrative Order
(November 27, 2002)
In re Discovery Rules
The order entered March 28, 2002, amending various rules and effective July 1, 2002, shall apply to all cases filed after such effective date as well as all cases pending on such effective date, provided that any discovery order entered in any such case prior to July 1, 2002, shall remain in effect unless and until amended by the trial court.
Order entered November 27, 2002, effective immediately.
Amendment History
Amended effective July 1, 1971; amended May 28, 1982, effective July 1, 1982; amended April 1, 1992, effective August 1, 1992; amended March 28, 2002, effective July 1, 2002; amended Jan. 4, 2013, eff. immediately.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
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