Article II. Rules on Civil Proceedings in the Trial Court · Part H. Post-Judgment Proceedings · Last amended 1982 · Last verified July 20, 2026
In one sentenceRule 276 lets a defendant ask the court to open a confessed judgment by filing an affidavit and proposed answer showing a genuine defense and diligence, letting the case proceed to trial on any part of the claim that has a real dispute.
Full Text of Ill. S. Ct. R. 276
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A motion to open a judgment by confession shall be supported by affidavit in the manner
provided by Rule 191 for summary judgments, and shall be accompanied by a verified answer which defendant proposes to file. If the motion and affidavit disclose a prima facie defense on the merits to the whole or a part of the plaintiff’s claim, the court shall set the motion for hearing. The plaintiff may file counteraffidavits. If, at the hearing upon the motion, it appears that the defendant has a defense on the merits to the whole or a part of the plaintiff’s claim and that he has been diligent in presenting his motion to open the judgment, the court shall sustain the motion either as to the whole of the judgment or as to any part thereof as to which a good defense has been shown, and the case shall thereafter proceed to trial upon the complaint, answer, and any further pleadings which are required or permitted. If an order is entered opening the judgment, defendant may assert any counterclaim, and plaintiff may amend his complaint so as to assert any other claims, including claims which have accrued subsequent to the entry of the original judgment. The issues of the case shall be tried by the court without a jury unless the defendant or the plaintiff demands a jury and pays the proper fee (if one is required by law) to the clerk at the time of the entry of the order opening the judgment. The original judgment stands as security, and all further proceedings thereon are stayed until the further order of the court, but if the defense is to a part only of the original judgment, the judgment stands as to the balance and enforcement may be had thereon. If a defendant files a motion supported by affidavit which does not disclose a defense to the merits but discloses a counterclaim against the plaintiff, and defendant has been diligent in presenting his motion, the trial court may permit the filing of the counterclaim and, to the extent justice requires, may stay proceedings on the judgment by confession until the counterclaim is disposed of.
Plain-English Summary
A judgment by confession lets a creditor get judgment fast, without a trial, based on the debtor’s advance agreement. Rule 276 gives the debtor a way back in. The motion to open that judgment needs an affidavit, in the same form Rule 191 requires for summary judgment, plus a verified answer the defendant proposes to file.
If the motion and affidavit show a real defense to all or part of the claim, the court sets the motion for a hearing, where the plaintiff can respond with counteraffidavits. If the defendant shows both a defense on the merits and diligence in raising it, the court opens the judgment, in whole or in part, and the case proceeds to trial like any other lawsuit. The defendant can then bring counterclaims, and the plaintiff can amend the complaint to add claims, including ones that arose after the original judgment.
Until the court decides otherwise, the original judgment stands as security and enforcement is paused, except that the plaintiff can still enforce any part of the judgment the defendant did not contest. And even a defendant who cannot show a defense but can show a real counterclaim, raised diligently, may get to file that counterclaim, with the court deciding whether to pause enforcement while it is pending.
Frequently Asked Questions
What must a defendant show to open a judgment by confession?
An affidavit and proposed answer showing a genuine defense on the merits to all or part of the claim, and diligence in bringing the motion.
What happens to the original judgment while the motion is pending?
It stands as security and enforcement is paused, except on any part of the judgment the defendant is not contesting.
Can the defendant raise a counterclaim after the judgment is opened?
Yes, and the plaintiff can likewise amend the complaint to add claims, including ones arising after the original judgment.
Is a jury trial available once the judgment is opened?
Yes, either side can demand a jury and pay the required fee when the order opening the judgment is entered.
What if the defendant has no defense but has a real counterclaim?
The court can still let the defendant file the counterclaim and may pause enforcement of the judgment until that counterclaim is resolved.
Committee Comments
This is former Rule 23 with the language of the last sentence changed to clarify the right of the trial court to stay or refuse to stay proceedings in whole or in part until the counterclaim is disposed of.
Amendment History
Amended May 28, 1982, effective July 1, 1982.
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
Also known as:judgment by confessionopening confessed judgmentcognovit judgmentmotion to open judgmentconfession of judgment defense