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IL HB0701

Bill

Status

Introduced

2/5/2021

Primary Sponsor

Deanne Mazzochi

Click for details

Origin

House of Representatives

102nd General Assembly

AI Summary

  • Requires plaintiffs in malpractice or negligence actions against architects, engineers, or surveyors to file an affidavit of merit within 56 days of a defendant's request, with one possible 56-day extension for good cause.

  • Affidavit must be signed by a licensed professional in the same discipline as the defendant and must state that the standard of care was breached and was the proximate cause of the plaintiff's injury or damage.

  • Failure to file a compliant affidavit results in dismissal with prejudice; if deficiencies are identified, plaintiff has 56 days to file corrected affidavits.

  • Defendants must object to affidavits within 90 days of service or waive objections; defendants must participate in discovery in good faith.

  • Affidavit of merit is not required for breach of contract actions against these professionals that do not involve standards of care.

Legislative Description

CIV PRO-AFFIDAVIT OF MERIT

Last Action

Rule 19(a) / Re-referred to Rules Committee

3/27/2021

Committee Referrals

Rules3/27/2021
Civil Procedure & Tort Liability Subcommittee3/23/2021
Judiciary - Civil3/2/2021
Rules2/8/2021

Full Bill Text

No bill text available