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IL SB2884
Bill
Status
1/7/2025
Primary Sponsor
Donald DeWitte
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AI Summary
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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.
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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.
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Qualifies only licensed professionals in the same discipline as the defendant to sign affidavits of merit (licensed architects, engineers, or surveyors in Illinois).
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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.
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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.
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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