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IL HB4948

Bill

Status

Failed

1/7/2025

Primary Sponsor

Dan Ugaste

Click for details

Origin

House of Representatives

103rd General Assembly

AI Summary

  • Requires plaintiffs to file an affidavit of merit within 56 days of a defendant's request in malpractice or negligence actions against architects, engineers, or surveyors.

  • Affidavit must be signed by a licensed professional in the same discipline as the defendant and state that the standard of care was breached and proximately caused the alleged injury.

  • Failure to file the affidavit results in dismissal with prejudice; plaintiffs may voluntarily dismiss without prejudice to refile with a compliant affidavit.

  • Defendants must raise objections to the affidavit within 90 days of service; if the court finds deficiencies, plaintiff has 56 days to file corrected affidavits.

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

Legislative Description

CIV PRO-AFFIDAVIT OF MERIT

Last Action

Session Sine Die

1/7/2025

Committee Referrals

Rules2/7/2024

Full Bill Text

No bill text available