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IL SB2884

Bill

Status

Failed

1/7/2025

Primary Sponsor

Donald DeWitte

Click for details

Origin

Senate

103rd General Assembly

AI Summary

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

  • Affidavit must state that the expert reviewed case records, reviewed applicable standard of care, believes the standard was breached, identifies what actions should have been taken, and believes the breach caused the alleged injury or damage.

  • Qualifies only licensed professionals in the same discipline as the defendant to sign affidavits of merit (licensed architects, engineers, or surveyors in Illinois).

  • Court may grant one 56-day extension for filing the affidavit upon showing of good cause, and must allow plaintiff 56 days to cure deficiencies identified by the court in an insufficient affidavit.

  • Failure to timely file a compliant affidavit results in dismissal with prejudice; voluntary dismissal before deadline is without prejudice but refiled actions must include compliant affidavit or face dismissal with prejudice.

  • Affidavit requirement does not apply to breach of contract actions against these professionals that do not involve standard of care issues.

Legislative Description

CIV PRO-AFFIDAVIT OF MERIT

Last Action

Session Sine Die

1/7/2025

Committee Referrals

Assignments3/15/2024
Judiciary Special Issues2/21/2024
Judiciary2/6/2024
Assignments1/24/2024

Full Bill Text

No bill text available