735 Ill. Comp. Stat. § 5/2-1005

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Chicago John Dineen Lodge 7 v. City of Chicago · filed 2025-08-08(c)

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits demonstrate that no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022); City of Chicago v. Fraternal Order of Police, 399 Ill. App. 3d 707, 711 (2010).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Safeco Insurance Company of Illinois v. Martinez · filed 2025-08-11(c)

Summary judgment is appropriate when “ ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Suburban Real Estate Services, Inc. v. Carlson, 2022 IL 126935, ¶ 15 (quoting 735 ILCS 5/2-1005(c) (West 2018)). ... Because the circuit court did not err in finding that no coverage was available by operation of the “regular use” exclusion in the Safeco policy, we conclude that its grant of summary judgment in Safeco’s favor was proper.

Section 2-1005(c) permits summary judgment when the record, viewed in the nonmovant’s favor, shows no genuine issue of material fact and entitles the movant to judgment as a matter of law.

River North Partners Holdings, LLC v. Museum of Broadcast Communications · filed 2025-08-19(c)

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits, viewed in a light most favorable to the nonmovant, fail to establish that a genuine issue of material fact exists, thereby entitling the moving party to judgment as a matter of law.

Section 2-1005 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Kubik v. Darien Club Owners Ass'n · filed 2025-08-25

Granting a motion for summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005 (West 2022).

Section 2-1005(c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Dunbar v. Carlson · filed 2025-08-26(c)

“Summary judgment is appropriate when the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmoving party and strictly against the moving party, reveal that (1) no genuine issue of material fact exists and (2) the moving party is entitled to judgment as a matter of law.” Jackson v. Graham, 323 Ill. App. 3d 766, 778-79 (2001); see 735 ILCS 5/2-1005(c) (West 2024).

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Rewerts v. Schnake · filed 2025-09-05(c)

A circuit court should grant a motion for summary judgment if “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2024). ... Because schedule A indisputably was not in their direct chain of title, defendants were entitled to judgment as a matter of law. See 735 ILCS 5/2-1005(c) (West 2024).

Section 2-1005(c) permits summary judgment when the record, viewed in the nonmovant’s favor, presents no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

The Equitrade Group, Inc. v. Beam · filed 2025-09-12(c)

Summary judgment is appropriate when the record, viewed in the light most favorable to the nonmovant, fails to establish a genuine issue of material fact, thereby entitling the moving party to judgment as a matter of law. Zurich American Insurance Company v. Infrastructure Engineering, Inc., 2023 IL App (1st) 230147, ¶ 17; 735 ILCS 5/2-1005(c) (2022).

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law, including when undisputed facts establish a limitations defense.

Bulthaup v. Young · filed 2025-09-12(c)

Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022). ... The record lends itself to no other reasonable conclusion, and, as such, summary judgment based on the statute of limitations was appropriate.

Section 2-1005(c) permits summary judgment when the record, viewed in the nonmovant’s favor, shows no genuine issue of fact and entitles the movant to judgment as a matter of law.

Wright v. Gurnee Park District · filed 2025-09-16(c)

Summary judgment may be granted when the pleadings, depositions, admissions, and affidavits, viewed in the light most favorable to the nonmovant, fail to establish that a genuine issue of fact exists, therefore entitling the moving party to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022); Village of Bartonville v. Lopez, 2017 IL 120643, ¶ 34.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

U.S. Bank Trust N.A. v. Winston · filed 2025-09-19(c)

Summary judgment applies where the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

American National Property & Casualty Co. v. Charter Oak Fire Insurance Co. · filed 2025-09-30(c)

Summary judgment is properly granted where the depositions, pleadings, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the movant is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West ... 2022).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Holtmann v. Citizens Community Bank · filed 2025-10-02(c)

A motion for summary judgment is properly granted only where the pleadings, depositions, admissions, and affidavits establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. ... A reasonable person could not draw divergent inferences regarding damages since the plaintiffs did not plead or provide evidence of any specific, economic damage or a basis to calculate any such damage.

Section 2-1005(c) permits summary judgment when the evidence, viewed in the nonmovant’s favor, shows no genuine factual dispute and entitles the movant to judgment as a matter of law.

Wright v. Gurnee Park District · filed 2025-10-21(c)

Summary judgment may be granted when the pleadings, depositions, admissions, and affidavits, viewed in the light most favorable to the nonmovant, fail to establish that a genuine issue of fact exists, therefore entitling the moving party to judgment as a matter of law. ... Applying the principles to a review of the summary judgment pleadings in this case establishes that no triable issue of material fact exists on whether defendant’s conduct was willful and wanton.

Section 2-1005(c) permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Gabriel v. Alton Memorial Hospital · filed 2025-10-30(c)

We find that summary judgment was appropriate where the pleadings, depositions and any admissions and/or affidavits on file, when viewed in the light most favorable to Nancy, established that there was no genuine issue of material fact to support an allegation of willful and wanton misconduct on behalf of Alton Memorial’s ambulance crew. Therefore, Alton Memorial Hospital was entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Kaur v. Fischel & Kahn, Ltd. · filed 2025-10-31(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2020).

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

The Bank of New York Mellon v. Mondroski · filed 2025-07-18(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... As Michelle failed to establish any genuine issues of material fact, we affirm summary judgment on plaintiff’s claims for an equitable lien and mortgage.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Sims v. Deutsche Bank National Trust Co. · filed 2025-08-06(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022). ... In light of these requirements and the facts here, the trial court correctly denied plaintiff’s motion for summary judgment.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Barahona v. Snowstar Corp. · filed 2025-09-19(c)

The trial court thus did not err in granting summary judgment in favor of defendant, as there was no genuine issue of material fact and defendant was entitled to a judgment as a matter of law.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Kai v. Board of Directors of Spring Hill Building 6 Condominium Ass'n, Inc. · filed 2025-10-15(c)

Summary judgment is proper when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022).

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Wolfson v. Dugout Northbrook, LLC · filed 2025-11-12(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Id. § 2-1005(c). ... Accordingly, Knebelkamp did not create a dispute of material fact.

A party moving for summary judgment must establish its entitlement to judgment with admissible evidence, even if the opposing party submits no counter-affidavits.

Raven Cargo, Inc. v. Caushaj · filed 2025-11-13

However, even when a party opposing summary judgment fails to provide counter-affidavits or otherwise respond to the evidence provided in support of the motion, the moving party should not be granted summary judgment unless the evidence provided in support of the motion establishes its entitlement to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Rushmore Loan Management Services v. Mokhoruk · filed 2025-11-19(c)

Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2024). ... Considering the pleadings, documents, and affidavits filed below, we conclude ... that defendant has not established a genuine issue of material fact as to this issue so as to preclude summary judgment.

Section 2-1005(c) permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is clearly entitled to judgment as a matter of law.

Martin v. Layman · filed 2025-11-19(c)

“A grant of summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and the moving party is clearly entitled to a judgment as a matter of law.”

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Dicks v. Kuntz · filed 2025-11-26(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2024).

Section 2-1005(c) permits summary judgment only when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and entitles the moving party to judgment as a matter of law.

Terrazas v. The Harlem Irving Companies, Inc. · filed 2025-11-26(c)

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, viewed in the light most favorable to the nonmoving party, reveal that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022). ... In its oral ruling, the circuit court impermissibly failed to view the evidence and draw reasonable inferences in a light most favorable to plaintiff as the nonmovant.

Section 2-1005(a) permits summary judgment before the opposing party answers if that party has a reasonable opportunity to respond to the motion.

Jetz Service Co., Inc. v. Jay & Harry Corp. · filed 2025-12-15(a)

J & H’s argument is contrary to law where default judgment is proper based on a party’s failure to answer or plead (Moran, 2014 IL App (1st) 132430, ¶ 22, 735 ILCS 5/2-1301(d) (West 2024)), but our law expressly authorizes summary judgment even prior to a party’s answer, so long as the party had a reasonable opportunity to ... respond to the motion for summary judgment, which J & H had in this case.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Yakowenko v. Yakowenko · filed 2026-01-14(c)

Summary judgment is properly granted where the pleadings, depositions, and admissions on file, together with any affidavits, indicate there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2–1005(c) (West 2024).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Tolentino v. Clifford's Towing & Recovery, LLC · filed 2026-01-14(c)

Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Sammak v. Zurich American Insurance Co. · filed 2026-01-23(c)

A grant of summary judgment is proper “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022). ... Therefore, even if the dental invoices from Dr. Barr had been properly submitted to Zurich during the medical expense benefits period, Sammak’s claim still could not survive summary ... judgment, because he submitted no evidence to prove that he suffered an injury to his sound natural teeth arising out of his December 23, 2019, accident, a requirement for coverage under the policy.

Section 2-1005(c) permits summary judgment only when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the movant is clearly entitled to judgment as a matter of law.

Salinas v. Arthur Schuman Midwest, LLC · filed 2026-01-30(c)

Summary judgment should be granted only where the pleadings, depositions, admissions on file, and affidavits—when viewed in the light most favorable to the nonmoving party—show that there is no genuine issue as to any material fact and that the moving party is clearly entitled to a judgment as a matter of law. See 735 ILCS 5/2-1005(c) (West 2022); Adams, 211 Ill. 2d at 43. ... We agree with the trial court’s determination that plaintiffs cannot prove the essential elements of a section 15(b) claim, and therefore summary judgment was proper.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Ellis v. Henderson · filed 2026-02-13(c)

Summary judgment should be granted if the pleadings, depositions, and admissions on file, together with any affidavits, establish that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the record, viewed in the nonmovant’s favor, shows no material factual dispute and the movant is entitled to judgment as a matter of law.

Sperry Van Ness, LLC v. BCL-1946 S. Racine LLC · filed 2026-02-27(c)

Summary judgment is proper where the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmovant, reveal that there is no issue as to any material fact and that the movant is entitled to judgment as a matter of law. See 735 ILCS 5/2–1005(c) (West 2018).

Summary judgment is proper when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Tobias v. City of Chicago's Office of the Mayor · filed 2026-03-02(c)

Summary judgment is proper where the pleadings, affidavits, depositions, admissions, and exhibits, when viewed in a light most favorable to the nonmoving party, demonstrate that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is clearly entitled to judgment as a matter of law; speculation cannot defeat the motion.

O'Donnell v. Bradley · filed 2026-03-03(c)

Summary judgment should be granted only where the pleadings, depositions, admissions on file, and affidavits, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly entitled to a judgment as a matter of law. ... Plaintiff’s assertions to the contrary, which in large part were founded upon the existence of a secret deal between defendants for the sale of the property, were not supported in any way by the record, were based solely upon speculation, and were not sufficient to defeat defendants’ motion for summary judgment.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Hinton-Goodwin v. City of Harvey · filed 2026-03-20(c)

Summary judgment applies where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2024).

Section 2-1005(c) allows summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Stonegate Insurance Company v. Gonzo's Enterprises, INC · filed 2026-03-24(c)

Summary judgment is proper when “the pleadings, depositions, and admissions ... on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Westfield Insurance Company v. Board of Education of the City of Chicago · filed 2026-03-25(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2012). ... The Board has simply offered no evidence of such and has withdrawn certain allegations pointing to negligence on TFM’s part.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

The Potomac Group, Inc. v. Sanchez · filed 2026-03-30(c)

Summary judgment is appropriate in those cases where the pleadings, depositions, admissions, and affidavits on file show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... In light of this interpretation of paragraph 5, we hold that the plaintiff has failed to raise any genuine issue of material fact about whether the defendant failed or refused to perform his contractual obligations when he refused to allow a 20% credit off the total purchase price in anticipation of a closing during the week of April 8, 2019.

Section 2-1005(c) allows a court to decide summary judgment from depositions, affidavits, and other documentary evidence when no material fact requires a trial.

Wolin v. Hoffman · filed 2026-03-31(c)

The whole point of summary judgment—emphasis on summary—is that no trial or evidentiary hearing is necessary, because the parties do not dispute the facts, at least not the ones that matter to the outcome. So the evidence presented to ... the court, as here, is not live testimony but deposition transcripts, affidavits, and other forms of documentary evidence. Adames, 233 Ill. 2d at 295; 735 ILCS 5/2-1005(c) (West 2024).

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

D. Construction, Inc. v. Commonwealth Edison Co. · filed 2026-03-31(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2020).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Pan-Oceanic Engineering Company, Inc. v. Grange Mutual Insurance · filed 2026-04-14(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Woodbine Park Prairie Estates Ass'n v. Chastain Associates LLC · filed 2026-04-16(c)

Summary judgment is proper when the pleadings, affidavits, dispositions, admissions, and exhibits on file demonstrate that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022); Rexroad v. City of Springfield, 207 Ill. 2d 33, 38-39 (2003). ... Accordingly, based on reasoning supported by the record on appeal, we find that summary judgment in the defendants’ favor is proper where the plaintiff failed to demonstrate a genuine issue of material fact concerning an injury in fact with any reasonable certainty.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Guerrero v. Parker · filed 2026-04-20(c)

We resolve whether the pleadings, depositions, and admissions on file—together with the affidavits, if any—show that there is no genuine issue as to any material fact, such that the County Clerk is entitled to a judgment as a matter of law on count III. See 735 ILCS 5/2-1005(c) (West 2024). ... Ultimately, Guerrero points to no persuasive basis in the record to preclude judgment in the County Clerk’s favor on count III. Thus, having reviewed the entirety of the record, we cannot say that the trial court erred in granting summary judgment in the County Clerk’s favor on count III.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Associated Bank National Ass'n v. Morrison · filed 2026-04-30(c)

Summary judgment should be granted if the pleadings, depositions, and admissions on file, together with any affidavits, establish that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the evidence shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

City of Effingham Illinois v. Durga Property Holdings, Inc. · filed 2026-05-20(c)

Summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022). ... The defendant did not identify any actual material issues of fact or present counter affidavits. Thus, the plaintiff presented uncontradicted facts. Inasmuch as the defendant did not present any contradictory genuine issues of material fact, the circuit court did not err in accepting the plaintiff’s facts as true or by granting summary judgment in favor of the plaintiff.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Tollaksen v. Stunkard · filed 2026-05-29(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2024).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Hawkins v. Coffman · filed 2026-05-29(c)

Summary judgment is proper when the pleadings, affidavits, depositions, admissions, and exhibits on file demonstrate that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022); Rexroad v. City of Springfield, 207 Ill. 2d 33, 38-39 (2003).

Section 2-1005(c) permits summary judgment when no material fact is disputed and the movant is entitled to judgment as a matter of law.

Drobick v. Costco Wholesale Corporation · filed 2026-06-02(c)

Summary judgment is warranted if there are no disputes of material fact, and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2024); Andrews v. Carbon on 26th, LLC, 2025 IL 130862, ¶ 20.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

P-three Development LLC v. Barber Law Offices · filed 2026-06-12(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022).

Section 2-1005(c) allows summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Pal Win Retail Investors, LLC v. Swinford · filed 2026-06-16(c)

Summary judgment should be granted only where the pleadings, depositions, admissions on file, and affidavits, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly entitled to a judgment as a matter of law. See 735 ILCS 5/2-1005(c) (West 2024); Adams, 211 Ill. 2d at 43.

Section 2—1005 permits summary judgment when no genuine issue of material fact exists and the moving party’s right to judgment is clear and free from doubt.

Douglass v. Dolan · filed 1997-01-17

This is an appeal of summary judgments entered pursuant to section 2—1005 of the Code of Civil Procedure (Code) (735 ILCS 5/2—1005 (West 1994)). Summary judgment is appropriate where there is no genuine issue of material fact and the moving party’s right to judgment is clear and free from doubt.

Section 5/2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Whitlock v. Hilander Foods, Inc. · filed 1999-10-29(c)

Summary judgment is proper when the pleadings, depositions, and other matters on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998). ... However, we believe there is a genuine factual issue of whether defendant acted deliberately.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Neff v. Advocate Condell Medical Center · filed 2023-11-03(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material ... fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018).

Section 2-1005 does not allow a court to decide summary-judgment arguments raised in opposition to class certification when no summary-judgment motion was filed.

Bayeg v. The Admiral at the Lake · filed 2024-06-20(c)

We reject Admiral’s attempt to conflate class certification under section 2-801 and summary judgment under section 2-1005. Admiral never filed a motion for summary judgment even though it could have done so.

Section 5/2-1005(c) requires a party seeking summary judgment to show no genuine issue of material fact and entitlement to judgment as a matter of law, even when both sides agree the court may decide on the pleadings.

Karlow v. Hupke · filed 2025-09-26(c)

Summary judgment is proper if the “pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022); Tafoya-Cruz v. Temperance Beer Company, LLC, 2020 IL App (1st) 190606, ¶ 55. ... Even when both sides take the position that an issue may be decided on the pleadings without an evidentiary hearing or trial, it remains the movants’ burden to establish that they are entitled to a judgment on the pleadings.

Section 2-1005(d) permits summary determination of fewer than all major issues when no genuine issue of material fact exists as to those issues.

Landreth v. Fabricius · filed 2018-10-19(d)

Section 2-1005(d) of the Code allows a party to seek a summary determination of “ ‘one or more, but less than all, of the major issues in the case, [if] the court finds that there is no genuine issue of material fact as to that issue or those issues.’ ” Fifth Third Bank, N.A. v. Rosen, 2011 IL App (1st) 093533, ¶ 21 (quoting 735 ILCS 5/2-1005(d) (West 2008)).

Section 2-1005(d) permits summary determination of a major issue when no genuine issue of material fact exists as to that issue.

Landreth v. Raymond P. Fabricius, P.C. · filed 2018-05-29(d)

Section 2–1005(d) of the Code allows a party to seek a summary determination of “one or more, but less than all, of the major issues in the case, [if] the court finds that there is no genuine issue of material fact as to that issue or those issues.” ... We affirm on the second ground.

Section 2-1005(d) allows a court to establish undisputed major issues while other issues remain for trial; an order under it is interlocutory and unappealable.

Morningside North Apartment I, LLC v. 1000 N. LaSalle, LLC> · filed 2017-06-14(d)

An order entered pursuant to section 2-1005(d), however, is not a final order as it does not dispose of a claim. Such an order is interlocutory and, therefore, not appealable.

Section 2-1005(d) authorizes an interlocutory determination of uncontested major issues while other major issues remain unresolved.

Morningside North Apartment I, LLC v. 1000 N. LaSalle, LLC · filed 2017-03-27(d)

An order entered pursuant to section 2-1005(d), however, is not a final order as it does not dispose of a claim. Such an order is interlocutory and, therefore, not appealable.

Section 2-1005(d) provides for a summary determination of major issues, distinct from partial summary judgment on one or more counts of a multi-count complaint.

Rosenberger v. United Community Bancshares, Inc · filed 2017-02-24(d)

Actually, UCB's motion was a motion for a summary determination of major issues pursuant to section 2-1005(d) of the Code of Civil Procedure (735 ILCS 5/2-1005(d) (West 2014)). It is not a motion for partial summary judgment, which permits a party to seek the entry of summary judgment on one or more, but less than all, of the counts of a multi-count complaint.

Section 2-1005(d) permits a motion for summary determination of major issues.

Rosenberger v. United Community Bancshares, Inc · filed 2017-05-12(d)

Actually, UCB’s motion was a motion for a summary determination of major issues pursuant to section 2-1005(d) of the Code of Civil Procedure (735 ILCS 5/2-1005(d) (West 2014)). It is not a motion for partial summary judgment, which permits a party to seek the entry of summary judgment on one or more, but less than all, of the counts of a multicount complaint.

Section 2-1005(d) authorizes summary determination of a major issue.

Murphy v. State Farm Fire & Casualty · filed 2012-09-28(d)

Consequently, we reverse the grant of summary judgment for State Farm and remand the cause with directions that the trial court enter a summary determination of a major issue in favor of the plaintiffs, pursuant to section 2-1005(d) of the Code of Civil Procedure (735 ILCS 5/2-1005(d) (West 2010)), on the issue of insurable interest.

A partial summary judgment on liability is interlocutory and may be vacated before final judgment, even more than 30 days after entry.

Berry v. Chade Fashions, Inc. · filed 2008-06-30

Section 2 — 1005 of the Code of Civil Procedure is instructive. It states in pertinent part: “A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.” 735 ILCS 5/2 — 1005 (West 2002). ... Thus, the trial court had the discretion to vacate its previous order for partial summary judgment and correct any error in light of the evidence presented during the trial.

Section 2-1005(d) requires issues resolved by partial summary judgment to be set out in an order and the trial to proceed accordingly; it does not require a party to delete those issues from the complaint.

Downey v. Dunnington · filed 2008-08-21(d)

On March 13, 2007, plaintiff filed an “Amendment to the [Second] Amended Complaint,” in which she deleted paragraphs 23(c) and (d). Section 2 — 1005(d) of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 1005(d) (West 2006)) did not require her to do this. Rather, the determined issues were to be set down in an order, and the trial was to be conducted accordingly.

Section 2-1005(d) permits partial summary judgment to resolve a major issue while leaving other major issues for further proceedings.

Mashal v. City of Chicago · filed 2012-12-13(d)

We conclude that Judge Siebel entered the kind of partial summary judgment authorized by statute, which resolves one of the major issues, but directs further proceedings upon the remaining undetermined major issue or issues. See 735 ILCS 5/2-1005(d) (West 2004).

Section 2-1005(d) permits summary determination of duty and breach while leaving proximate cause and damages for further proceedings.

Klesowitch v. Smith · filed 2016-03-17(d)

In this case, the trial court entered summary judgment on the issues of defendant’s duty and her breach of that duty, but not on the issues of proximate cause or damages. The trial court was authorized to enter a judgment on whether defendant owed plaintiff a duty and whether she breached that duty and direct further proceedings on the issues of proximate cause and damages.

Section 2-1005(d) makes facts specified in a partial summary determination established for trial, so the jury need not decide liability when those facts establish it.

Marxmiller v. Champaign-Urbana Mass Transit District · filed 2017-11-30(d)

Defendant’s negligence and the proximately resulting injuries were established by the court’s summary determinations, not by defendant’s admissions.

Section 2-1005(d) makes facts specified in a partial summary judgment established at trial, leaving only unresolved issues for the jury.

Marxmiller v. Champaign-Urbana Mass Transit District · filed 2018-02-05(d)

The court thereby found defendant to be liable to plaintiffs. Defendant’s negligence and the proximately resulting injuries were established by the court’s summary determinations, not by defendant’s admissions.

Section 2-1005 allows a plaintiff to seek summary judgment for any part of the relief sought.

Cardinal Fitness of Peoria, LLC v. Anne Larson Real Estate, LLC · filed 2020-02-14

We also note that the summary judgment provision of the Code of Civil Procedure itself specifically provides that “a plaintiff may move with or without supporting affidavits for a summary judgment in his or her favor for all or any part of the relief sought.” (Emphasis added.) ... 735 ILCS 5/2-1005 (West 2018). The circuit court’s April 18, 2019, order is in full compliance with this provision.

Section 2-1005(c) permits partial summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Housing Authority of the County of Cass v. Assisted Housing Risk Management Ass'n · filed 2020-04-13(c)

We find that based on the pleadings and affidavits before it, the trial court’s granting of partial summary judgment was proper. See 735 ILCS 5/2-1005(c) (West 2010).

Section 2-1005 permits summary judgment on part of the relief sought, even when a request for other relief remains unresolved.

Cori v. Schlafly · filed 2021-01-22

Section 2-1005 of the Code (735 ILCS 5/2- 1005 (West 2016)) allows for the circuit court to enter an order granting summary judgment as to “any part of the relief sought.”

Section 2-1005(d) permits summary determination of a major issue when no genuine issue of material fact exists as to that issue.

Kay v. Frerichs · filed 2021-05-28(d)

In sum, no genuine issue of material fact exists as to whether Ms. Kay is barred from seeking monetary damages by the doctrine of sovereign immunity. Accordingly, the trial court properly granted summary determination on that issue.

A summary determination under section 2-1005(d) is equivalent to summary judgment when it resolves every claim and leaves no issue for further proceedings.

Zagel v. Hastings Cutoff Group, LLC · filed 2021-08-03(d)

Here, however, no further proceedings were warranted once the trial court made the summary determination that the Trust did not come into possession of the Hastings shares as of 2012 and thus the plaintiff lacked ... standing to pursue the claims that had been asserted on the Trust’s behalf. In other words, the effect of the summary determination was that the defendants were entitled to judgment as a matter of law on all counts of the first amended complaint, based on the plaintiff’s lack of standing to assert them. This is the equivalent of a grant of summary judgment.

Section 2-1005(b) permits a defendant to seek partial summary judgment on a claim for relief pleaded against it.

Wilmington Trust, National Ass'n v. Thor Palmer House Retail, LLC · filed 2025-02-20(b)

Because the Lender raised a claim for a deficiency judgment, the Borrower was entitled to move for partial summary judgment on that claim.

Section 2-1005(c) shifts the burden of production to the party opposing summary judgment once the movant produces evidence that would entitle it to a directed verdict if uncontradicted.

Triple R Development v. Golfview Apartments · filed 2012-01-23(c)

Once the movant produces evidence that, if uncontradicted, would entitle it to a directed verdict at trial, the burden of production shifts to the party opposing the motion. The nonmovant may not simply rely on his pleadings to raise issues of material fact.

Once the moving party shows it is entitled to judgment as a matter of law, the opposing party must present evidence of a material factual dispute to avoid summary judgment.

Parents United v. Board of Educ. · filed 2011-07-26(c)

Having found that defendant has presented sufficient factual matters to show that it is entitled to judgment as a matter of law, the burden now shifts to plaintiffs to present evidence showing that there is a material issue of fact that would preclude summary judgment.

Section 2-1005(c) requires the nonmoving party to show a triable issue of material fact, not to prove the case under its trial burden of proof.

Tim Thompson, Inc. v. Village of Hinsdale · filed 1993-07-15(c)

Contrary to the parties’ contentions, Thompson was not required to prove its case (see Keating v. Dominick’s Finer Foods, Inc. (1992), 224 Ill. App. 3d 981, 987); rather, the express purpose of the summary judgment motion was to test for the existence of any triable issues of material fact (see Purtill, 111 Ill. 2d at 240).

Section 2-1005(c) does not require the nonmoving party to submit evidence when the moving party submits none and the pleadings leave a genuine issue of material fact.

Levitt v. Hammonds · filed 1993-11-09(c)

While it is true that, in order to survive a motion for summary judgment, the nonmoving party often must present evidentiary material that establishes a genuine issue of material fact (Salinas v. Chicago Park District (1989), 189 Ill. App. 3d 55, 545 N.E.2d 184), that is true where the moving party has presented evidence of its own. Where it has not, as here, there is no such obligation.

A party opposing summary judgment must present facts that could support judgment in its favor, even though it need not prove its case at that stage.

Ruane v. Amore · filed 1997-03-14(b)

Although plaintiffs are not required to prove their case at the summary judgment stage, they are under a duty to present a factual basis that would arguably entitle them to judgment in their favor. ... In this instance, plaintiffs have failed to present evidentiary facts to defeat defendants’ motions for summary judgment. Accordingly, the order of the circuit court granting summary judgment as to all defendants is affirmed.

When a summary judgment motion is supported by affidavits, the opposing party must submit counter-affidavits or identify depositions or admissions that raise a genuine issue of material fact.

Sacramento Crushing Corp. v. Correct/All Sewer, Inc. · filed 2000-12-29

In the face of supporting affidavits from the moving party, the nonmovant must submit counter-affidavits (or refer to depositions or admissions on file) in order to raise an issue of fact sufficient to survive summary judgment.

Section 2-1005(c) requires a party seeking summary judgment to meet an initial burden of production; a bare assertion that the opponent lacks proof does not shift that burden.

Stearns v. Ridge Ambulance Service, Inc. · filed 2015-07-01(c)

Summary judgment is proper where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2010). ... The bare assertion that plaintiff could not establish proximate cause was insufficient to shift the burden to plaintiff to come forward with evidence of proximate cause.

A party opposing summary judgment cannot rely on the pleadings alone when the moving party presents uncontradicted facts that would entitle it to judgment as a matter of law.

RMS Insurance Services, Inc. v. Sattler · filed 2023-10-17

However, when a party moving for summary judgment supplies facts which, if not contradicted, would entitle the moving party to a judgment as a matter of law, the nonmoving party may not rely on his pleadings alone to raise issues of material fact.

Section 2-1005 permits a summary judgment motion to look beyond the pleadings to determine whether the case presents an issue of fact.

Reynolds v. Jimmy John's Enterprises, LLC · filed 2013-04-02

Another distinction is a section 2-615 motion considers only the facts on the face of the pleadings while a section 2-1005 summary judgment motion goes beyond the pleadings to determine if the case presents an issue of fact.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law. A counteraffidavit cannot revive facts removed from dispute by unequivocal deposition admissions.

James Ex Rel. James v. Ingalls Memorial Hospital · filed 1998-09-30(c)

A motion for summary judgment should be granted only where the pleadings, depositions, admissions and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... In cases involving summary judgment, a counteraffidavit does not place in issue material facts that were removed from contention by a party’s deliberate, unequivocal admissions under oath in a deposition.

Section 2-1005(c) does not permit summary judgment when the movant’s affidavit leaves a genuine issue of material fact unresolved.

Rice v. AAA Aerostar, Inc. · filed 1998-02-09(c)

Although we reject plaintiff’s argument that plaintiffs actions gave adequate notice of suit, State Farm’s affidavit is insufficient to permit summary judgment. ... Thus, State Farm’s affidavit fails to negate whether it received “actual notice.”

Section 2-1005(c) requires a court deciding summary judgment to consider all the evidence in the light most favorable to the opposing party.

Graf v. St. Luke's Evangelical Lutheran Church · filed 1993-12-08(c)

Given the statutory requirement that the court consider all the evidence in connection with a motion for summary judgment and construe the evidence in the light most favorable to the opposing party, the court erred in failing to consider this evidence.

Section 5/2-1005 does not require a plaintiff opposing summary judgment in an informed consent action to present expert evidence of proximate causation when other evidence creates a genuine factual dispute.

Coryell v. Smith · filed 1995-08-01

Consequently, in the case sub judice, requiring plaintiff to present expert evidence on the element of proximate causation in opposition to defendants’ motion for summary judgment was improper.

Section 2-1005(c) requires summary judgment to be decided from the affidavits, admissions, depositions, and pleadings on file, without an evidentiary hearing.

Bergstein v. Technology Solutions Co. · filed 1995-08-03(c)

Section 2 — 1005 of the Code of Civil Procedure (735 ILCS 5/2 — 1005 (West 1992)) does not contemplate an evidentiary hearing to determine the movant’s right to judgment as a matter of law. The determination of whether a party is entitled to summary judgment is to be made upon a consideration of the affidavits, admissions, depositions and pleadings on file (735 ILCS 5/2— 1005(c) (West 1992)), not as the result of an evidentiary hearing.

Section 2-1005(c) permits summary judgment when a plaintiff presents no evidentiary facts supporting an essential element of the claim.

Geraghty v. Continental Western Life Insurance · filed 1996-03-27(c)

Thus, absent some evidentiary facts proffered by plaintiff on the required element of damages, we find that summary judgment in favor of defendants was proper.

Section 2-1005 permits summary judgment when a plaintiff offers no specific facts supporting an allegation of negligent work.

Kotarba v. Jamrozik · filed 1996-08-23

We hold that, in the absence of an allegation of some specific act of negligence such as an allegation that Slobodian selected an inappropriate varnish for the stairs or that he improperly applied the varnish in some way, there are no facts to warrant submitting this case to trial. Accordingly, the trial court properly granted Slobodian’s motion for summary judgment.

Section 2-1005 permits affidavits and counteraffidavits on a summary judgment motion; an unanswered affidavit may leave no genuine factual dispute.

People ex rel. Adams Electrical Cooperative v. Village of Camp Point · filed 1997-01-17

Although the summary judgment statute allows for the filing of affidavits and counteraffidavits (735 ILCS 5/2—1005 (West 1994)), Co-op filed no affidavit stating under what authority the maps were originally made. Nor did Co-op file a counteraffidavit that contradicted Basinger’s affidavit in support of its reply to the Village’s response to the motion for summary judgment.

Section 2-1005(c) requires the court to decide at the outset whether it will consider deposition testimony offered on summary judgment, so the parties know what evidence they may rely on.

Ideal Tool & Manufacturing Co. v. One Three Six, Inc. · filed 1997-06-30(c)

Rather, the focus of this opinion is that whatever course the trial court elects, the decision should be made at the outset so that the parties are aware what evidence will be considered and the record clearly reflects the basis for entry of summary judgment.

Section 2-1005(c) requires a plaintiff to produce evidence of alleged willful and wanton misconduct to defeat summary judgment.

Chiczewski v. EMERGENCY TELEPHONE SYSTEM BD. OF DU PAGE CTY. · filed 1997-09-26(c)

Plaintiffs are correct that the determination of willful and wanton misconduct should go to the jury (Calloway v. Kinkelaar, 168 111. 2d 312 (1995)), but are incorrect in assuming that a motion for summary judgment will fail because they have merely alleged willful and wanton misconduct. If plaintiffs have failed to produce any evidence of such conduct, then the motion for summary judgment must be granted.

Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law; disputed ultimate facts and legal conclusions in unanswered requests to admit cannot support it.

P.R.S. International, Inc. v. Shred Pax Corp. · filed 1997-10-31(c)

Summary judgment should only be granted when the pleadings, depositions, admissions and affidavits on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. ... Accordingly, we hold that the trial court could not consider disputed ultimate facts and conclusions of law included in Shred Pax’s request to admit when considering Shred Pax’s motion for summary judgment.

Section 2-1005(c) permits a court deciding summary judgment to consider affidavits, depositions, admissions, exhibits, and pleadings on file.

International Insurance v. Allied Van Lines, Inc. · filed 1997-11-17(c)

Here, however, the procedural posture of the case — an appeal from a grant of summary judgment — permits this court to look beyond the face of the complaint and take into consideration the affidavits, depositions, admissions, exhibits, and pleadings on file.

Section 2-1005(c) permits summary judgment when the material facts are undisputed and the remaining question is one of law.

Fanslow v. Northern Trust Co. · filed 1998-08-31(c)

Summary judgment is appropriate where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1996). Here it is undisputed that a representative received, date-stamped and initialed Fanslow’s sight draft before Northern Trust was notified of the injunction. The legal effect of the representative’s action is a question of law, not a question of fact, and appropriate for summary judgment.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; the nonmoving party must show it can offer evidence at trial supporting an essential element of its claim.

McDaniel v. Ong · filed 1999-12-30(c)

Summary judgment should be granted when the pleadings, depositions, affidavits, and admissions show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 1998). ... Although they were not required at summary judgment to prove their case, David and Debra were required to demonstrate an ability to offer evidence at trial that would support a finding that Ong's negligent acts or omissions proximately caused Pam's injuries. Because the record fails to provide sufficient facts, we affirm summary judgment in Ong's favor.

Section 2-1005 permits a court reviewing summary judgment de novo to consider pleadings, depositions, admissions, and affidavits on file at the hearing, even if their contents were not presented in response to the motion.

William J. Templeman Co. v. United States Fidelity & Guaranty Co. · filed 2000-09-14

On de novo review, we are free to consider any pleadings, depositions, admissions, and affidavits on file at the time of the hearing regardless of whether facts contained therein were presented to the trial court in response to the motion for summary judgment. See 735 ILCS 5/2 — 1005 (West 1998); Purtill v. Hess, 111 Ill. 2d 229, 240, 489 N.E.2d 867 (1986); Lawrence & Allen, Inc. v. Cambridge Human Resource Group, Inc., 292 Ill. App. 3d 131, 136, 685 N.E.2d 434 (1997).

Section 2-1005 permits a court reviewing summary judgment de novo to consider materials on file at the hearing even if they were not presented in response to the motion.

William J. Templeman Co. v. US Fidelity and Guar. Co. · filed 2000-11-16

On de novo review, we are free to consider any pleadings, depositions, admissions, and affidavits on file at the time of the hearing regardless of whether facts contained therein were presented to the trial court in response to the motion for summary judgment.

Section 2-1005 permits a reviewing court to consider pleadings, depositions, admissions, and affidavits on file at the summary judgment hearing, even if their contents were not presented in response to the motion.

William J. Templeman Co. v. United States Fidelity & Guaranty Co. Modification of Sep. 14, 2000, opinion · filed 2000-11-16

On de novo review, we are free to consider any pleadings, depositions, admissions, and affidavits on file at the time of the hearing regardless of whether facts contained therein were presented to the trial court in response to the motion for summary judgment. See 735 ILCS 5/2-1005 (West 1998); Purtill v. Hess , 111 Ill. 2d 229, 240, 489 N.E.2d 867 (1986); Lawrence & Allen, Inc. v. Cambridge Human Resource Group, Inc. , 292 Ill. App. 3d 131, 136, 685 N.E.2d 434 (1997).

Section 2-1005(c) allows a court deciding summary judgment to consider deposition testimony about a witness’s knowledge of a material fact.

Pettigrew v. Putterman · filed 2002-05-28(c)

Dr. Bodker’s deposition testimony as to his own knowledge of his patient’s HIV status is properly considered in addressing a motion for summary judgment. 735ILCS 5/2 — 1005(c) (West 2000) (court considers “pleadings, depositions and admissions on file, along with any affidavits” in resolving motion for summary judgment).

On summary judgment, a court views evidence in the nonmovant's favor but cannot ignore evidence unfavorable to the nonmovant.

Yacko v. Curtis · filed 2003-05-23(c)

While we must view evidence in the light most favorable to a nonmovant, we cannot simply ignore evidence unfavorable to the nonmovant.

Section 2-1005(c) treats summary judgment on liability alone as an interlocutory, nonfinal partial judgment.

Morgan v. Richardson · filed 2003-10-23(c)

From the language of the statute, it is clear that a summary judgment on liability is a partial summary judgment, interlocutory in nature, and not a final judgment.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law; speculative estimates of lost profits do not create a triable issue.

Perfection Corp. v. Lochinvar Corp. · filed 2004-06-18(c)

Summary judgment shall be granted “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 2002). ... The Tank Manufacturers have failed to point to any evidence of tangible loss of profits. We therefore find that entry of summary judgment in favor of Perfection was proper.

Section 2-1005(c) does not permit summary judgment when a material fact remains disputed and the motion is supported only by unsworn assertions and unauthenticated documents.

In Re Marriage of Colangelo and Sebela · filed 2005-01-18(c)

Because there was a question of fact as to whether Julius’s net income had substantially increased and there was nothing but unsworn assertions and unauthenticated documents supporting Julius’s motion for summary judgment, the trial court should not have granted the motion.

Section 2-1005 requires courts to consider only evidence admissible at trial when deciding a summary judgment motion.

Babich v. River Oaks Toyota · filed 2007-11-08

On a motion for summary judgment, a trial court cannot consider evidence that would be inadmissible at trial.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. A plaintiff opposing summary judgment must present evidence supporting the elements of the claim.

Flight v. American Community Management · filed 2008-07-25(c)

Summary judgment is appropriate where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2006). ... At the summary judgment stage, although the plaintiff need not prove his cause, he must present some evidentiary facts to support the elements of his cause of action. ... Therefore, summary judgment was properly granted on the basis of an absence of showing of an unnatural accumulation.

Section 2-1005 permits summary judgment when a plaintiff fails to present evidence supporting an essential element of the claim, including proximate cause.

Rogers v. Matanda, Inc. · filed 2009-07-16(c)

While plaintiff need not prove his case during a summary judgment proceeding, he must present some evidentiary facts to support the elements of his cause of action. ... Even assuming plaintiff has properly alleged a duty and breach of a duty, he has failed to allege sufficient facts to make a prima facie case regarding proximate cause.

When a summary judgment movant offers no evidentiary facts supporting its motion, the opponent may rely on its complaint to establish a genuine issue of fact.

South Side Trust & Savings Bank v. Mitsubishi Heavy Industries, Ltd. · filed 2010-03-31(c)

Defendant did not support its motion for summary judgment with evidentiary facts and plaintiff may, therefore, rely on its complaint to establish a genuine issue of fact.

Section 2-1005(e) does not permit an unsworn letter to be considered as evidence on a motion for summary judgment.

Helfers-Beitz v. Degelman · filed 2010-12-14(e)

While the plaintiff presented the Coyne letter to dispute that PMS contacted St. Clare Hospital, the Coyne letter was not a sworn affidavit and was not properly before the circuit court for the purposes of the summary judgment determination.

Section 2-1005(c) limits review of summary judgment to the evidence properly before the trial court when it ruled.

Simmons v. Reichardt · filed 2010-12-23(c)

Accordingly, because the content of Greg’s deposition was not properly before the court at the March 2009 summary-judgment hearing, we refuse to consider it on appeal.

Section 2-1005(c) permits a court ruling on summary judgment to consider pleadings and other relevant matters on file, including affirmative defenses attached to a complaint.

OWNERS INSURANCE CO. v. Seamless Gutter Corp. · filed 2011-11-14(c)

In ruling on a summary judgment motion, the court considers "the pleadings, depositions, admissions, affidavits and other relevant matters on file." Hall, 363 Ill.App.3d at 993, 300 Ill.Dec. 530, 844 N.E.2d 973; 735 ILCS 5/2-1005(c) (West 2006). ... Seamless's amended answer and affirmative defenses to the Gulbrandsen's complaint were included in an exhibit to the plaintiffs' amended complaint for declaratory judgment and, therefore, properly considered by a court in ruling on summary judgment.

Section 2-1005 permits a court to rely on a party’s admissions in related litigation when deciding summary judgment, even if the underlying complaint omits the admitted fact.

United National Insurance Company v. 200 North Dearborn Partnership · filed 2012-10-22(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” ... The trial court considered the evidence presented by the parties, which included copies of documents filed in the underlying lawsuit in which 200 North Dearborn admitted that Gal was its employee. Merely because the underlying complaint itself did not allege that 200 North Dearborn was Gal’s employer, or because the trial court in the underlying lawsuit made no finding as to Gal’s employer, did not preclude the trial court from making such a finding in the instant case.

Section 2-1005(c) permits summary judgment on an ambiguous contract when undisputed extrinsic evidence establishes its meaning.

Gomez v. Bovis Lend Lease, Inc. · filed 2014-02-27(c)

Summary judgment should be granted when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2012). ... But if the parties' intent can be determined solely from facts not in dispute, then the court can decide the issue as a matter of law. ... PERI's extrinsic evidence is undisputed and convincing on this point. Accordingly, PERI owed no duty to provide support to the infill areas, and we affirm the grant of summary judgment on the contribution claim.

Section 2-1005(c) permits summary judgment on an ambiguous contract when undisputed extrinsic evidence resolves its meaning as a matter of law.

Gomez v. Bovis Lend Lease, Inc. · filed 2015-01-12(c)

Summary judgment should be granted when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2012). ... But if the parties’ intent can be determined solely from facts not in dispute, then the court can decide the issue as a matter of law. ... Accordingly, PERI owed no duty to provide support to the infill areas, and we affirm the grant of summary judgment on the contribution claim.

Section 2-1005 requires witness testimony considered on summary judgment to state facts based on personal knowledge, rather than unsupported opinions or conclusions.

Schuster v. Occidental Fire & Casualty Co. · filed 2015-03-27

His unsupported assumption or misstatement about Diamond's business operations or assets is not a statement of fact that could be considered at the summary judgment stage. Witness testimony properly considered by a court in a summary judgment proceeding is testimony that meets the same standard as an affidavit and consists of a statement or statements of fact, not mere conclusions, opinions, or belief not based on personal knowledge of facts.

On a summary judgment motion concerning an insurer’s duty to defend, a court may consider appropriate evidence beyond the underlying complaint.

Farmers Automobile Insurance Association v. Neumann · filed 2015-04-23(c)

A court is not required to put on blinders and may look beyond the complaint at other evidence appropriate to a motion for summary judgment. ... Thus, it should have been considered by the circuit court in determining Farmers’ duty to defend.

On summary judgment, witness testimony must state facts based on personal knowledge; unsupported opinions and conclusions cannot create a genuine issue of material fact.

Schuster v. Occidental Fire & Casualty Co. · filed 2015-05-22

Witness testimony properly considered by a court in a summary judgment proceeding is testimony that meets the same standard as an affidavit and consists of a statement or statements of fact, not mere conclusions, opinions, or belief not based on personal knowledge of facts.

Section 2-1005(c) limits the evidence considered on summary judgment to pleadings, depositions, admissions, and affidavits; unsworn expert opinions may be excluded even without an objection.

Essig v. Advocate Bromenn Medical Center · filed 2015-05-29(c)

Nonetheless, under our de novo review of the trial court's judgment in this case, we have chosen to adhere to the command of section 2-1005(c) of the Code and chosen not to consider facts or opinions that do not come from the pleadings, depositions, admissions on file, or affidavits.

Section 2-1005(c) limits the materials considered on summary judgment to pleadings, depositions, admissions, and affidavits, even when no party objects to other materials.

Essig v. Advocate Bromenn Medical Center · filed 2015-07-10(c)

Nonetheless, under our de novo ... review of the trial court’s judgment in this case, we have chosen to adhere to the command of section 2-1005(c) of the Code and chosen not to consider facts or opinions that do not come from the pleadings, depositions, admissions on file, or affidavits.

Section 2-1005(c) does not treat a Rule 213(f) expert disclosure as evidence for summary judgment.

In re Estate of Case · filed 2016-08-02(c)

This is because a Rule 213(f) disclosure is promulgated by a party to an opposing party in order to prevent unfair surprise at trial and does not constitute a pleading, deposition, admission, or affidavit under section 2-1005(c) of the Code of Civil Procedure (735 ILCS 5/2-1005(c) (West 2014)).

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact, and evidence barred by the Dead-Man’s Act cannot be used to create one.

Peacock v. Waldeck · filed 2016-08-08(c)

A party opposing a motion for summary judgment may not rely on evidence barred by the Dead-Man’s Act to establish the existence of a question of material fact. ... Accordingly, the trial court properly entered summary judgment for defendant.

Section 2-1005(c) permits summary judgment when admissible evidence leaves no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Peacock v. Waldeck · filed 2016-10-07(c)

Summary judgment is proper where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014). ... A party opposing a motion for summary judgment may not rely on evidence barred by the Dead-Man’s Act to establish the existence of a question of material fact. ... Accordingly, the trial court properly entered summary judgment for defendant.

Section 2-1005(c) directs courts deciding summary judgment to consider the pleadings along with affidavits, depositions, and admissions.

Papadakis v. Fitness 19 IL 116, LLC · filed 2018-06-28(c)

But there is no question that the pleadings can play a role in this analysis. After all, the governing statute itself directs us to consider “the pleadings” as well as the affidavits, depositions, and admissions in the record. 735 ILCS 5/2-1005(c) (West 2014); see Mashal, 2012 IL 112341, ¶ 49.

A party opposing summary judgment must submit relevant, admissible evidence to establish a genuine issue of material fact.

Travelers Property Casualty Company of America v. ArcelorMittal USA Inc. · filed 2019-03-11(c)

To establish a contested material issue of fact, ArcelorMittal was required to submit relevant, admissible evidence on the issue of damages in the circuit court.

Section 2-1005(c) requires courts to consider the pleadings, along with affidavits, depositions, and admissions, when deciding summary judgment.

Papadakis v. Fitness 19 IL 116, LLC · filed 2020-06-30(c)

But there is no question that the pleadings can play a role in this analysis. After all, the governing statute itself directs us to consider “the pleadings” as well as the affidavits, depositions, and admissions in the record.

Section 2-1005(c) permits summary judgment on contract interpretation when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

RDC Case Creek Trails, LLC v. Metropolitan Airport Authority · filed 2020-08-18(c)

Summary judgment is appropriate where the pleadings, depositions, admissions on file, and affidavits, if any, establish there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018). Contract interpretation is appropriate for disposition by summary judgment. Id. ... Therefore, we find the court’s order granting summary judgment in favor of the defendant Airport on the issue of notice and denying it as to plaintiff RDC’s cross-motion for summary judgment on the affirmative defense of lack of notice was error.

Section 2-1005(c) permits summary judgment when admissible evidence shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Schnur v. Raro Lawn Service, Inc · filed 2020-10-23(c)

Summary judgment is proper when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... In summary judgment proceedings, the circuit court “may not consider evidence or testimony that would not be admissible at trial.” ... For those reasons, the WeatherWorks report and Swenson’s reliance on it cannot be considered in the present summary judgment proceedings.

Section 2-1005(c) permits summary judgment on a modified loan when an affidavit and attached records establish the amount due under the modification without documenting the loan’s entire history.

First American Bank v. Poplar Creek, LLC · filed 2020-11-23(c)

The loan modification constitutes a new transaction incorporating the parties’ prior dealings, eliminating the need for First American’s affidavit to provide the history of the loan or evidence of the computer software First American used to record disbursements and payments that preceded the modification. ... Based on the contents of Prochenski’s affidavit, the attached documents, and the process First American used to calculate the balance due, the trial court properly granted summary judgment against the guarantors.

A plaintiff relying on equitable estoppel at summary judgment must present facts supporting it, but need not prove it by clear and convincing evidence at that stage.

Popovich v. Hasouneh · filed 2021-09-09(c)

Plaintiff need not prove his claim of equitable estoppel by clear and convincing evidence to survive summary judgment, but he must present some factual basis that would support his claim. ... Plaintiff has not met his burden to present a factual basis that would arguably entitle him to summary judgment on his claim of equitable estoppel.

Section 2-1005(c) requires a summary judgment decision to rest on the pleadings, depositions, admissions, and affidavits; documents attached to a brief without a foundation cannot establish a factual dispute.

People v. Anthony's Remodeling, Painting and Decorating, Inc · filed 2022-03-15(c)

The trial court properly declined to consider the documents attached to the defendants’ response brief because the defendants did not submit an affidavit establishing a foundation for them. The Code of Civil Procedure requires a trial court to make its summary judgment determination based exclusively upon “the pleadings, depositions, and admissions on file, together with the affidavits.” 735 ILCS 5/2-1005(c) (West 2020).

Section 2-1005(c) directs a court deciding summary judgment to consider documents related to the claims on which the movant seeks judgment.

West Suburban Bank v. American Products Group · filed 2022-05-26(c)

Although section 2-1005(c) states that the court is to consider “pleadings, depositions, and admissions on file, together with the affidavits,” that does not mean that the trial court considers every such document filed in a case when it evaluates a motion for summary judgment. Instead, the court considers the documents that relate to the claims on which the movant is seeking summary judgment.

Section 2-1005 permits summary judgment when a medical malpractice plaintiff fails to present expert evidence of a disputed breach of care or causation.

Haines v. Tabor Hills Healthcare Facility, Inc. · filed 2024-02-22

Granting a motion for summary judgment is appropriate though when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005 (West 2022). ... The record here contains no expert evidence to support Haines’s assertion that Kaura’s fall protection orders were inconsistent or improper. There is also no evidence to establish that Kaura’s orders were the proximate cause of her fall. The lack of expert testimony supporting Haines’s assertions are fatal to her claim. Thus, because Haines did not provide any of the necessary evidence to support reversing the court’s order, we must affirm the summary judgment order.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law; unauthenticated documents cannot be used to oppose the motion.

Nazir v. Cook County Health and Hospital Systems · filed 2024-03-28(c)

Summary judgment is properly granted where the pleadings, depositions, and admissions on file, together with any affidavits, indicate there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2–1005(c) (West 2022). ... Therefore, we conclude that plaintiff may not rely upon these documents to oppose summary judgment in favor of defendant.

Section 2-1005(c) permits summary judgment when the materials on file show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Shriners Hospital for Children v. Ruggiero · filed 2024-08-26(c)

A motion for summary judgment is properly granted where the pleadings, depositions, admissions, and affidavits on file show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022). ... We reject the argument by the defendant that the trial court erred in failing to consider this ... evidence in granting the motion for summary judgment, because evidence of the purported handwritten amendments to the Trust was not part of the record at the time the trial court ruled.

Under section 2-1005(c), an unsupported assertion that a defendant had notice of a defect does not establish a genuine issue of material fact sufficient to defeat summary judgment.

Calhoun v. City of Evanston · filed 2025-02-28(c)

Summary judgment is proper when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... We find Vasquez’s statement is insufficient to establish a material issue of fact because there is no other supporting evidence in the record like 311 calls or other discovery showing that the City had notice.

Section 2-1005(c) does not allow unsworn expert opinions in Rule 213 disclosures to be considered as evidence on summary judgment.

Puccetti v. Franciscan Communities, Inc. · filed 2025-06-27(c)

However, the trial court correctly disregarded the information contained in the 213 disclosures, as “[u]nsworn statements of opinion from a party’s retained expert may not be considered for purposes of section 2–1005(c) of the Code.” Essig v. Advocate BroMenn Medical Center, 2015 IL App (4th) 140546, ¶ 43; In re Estate of Case, 2016 IL App (2d) 151147, ¶ 30 (“the contents of a Rule 213(f) disclosure are not evidence for purposes of summary judgment” because a Rule 213(f) disclosure “does not constitute a pleading, deposition, admission, or affidavit under section 2-1005(c)”).

Section 2-1005 does not allow an unsworn report in the form submitted to serve as evidence supporting summary judgment.

Sciarrone v. Village of Island Lake, Illinois · filed 2025-09-18(c)

The report is unsworn and, in the form submitted, could not meet the strict requirements of either the summary judgment statute (735 ILCS 5/2-1005 (West 2022)) or Illinois Supreme Court Rule 191 (eff. Jan. 4, 2013).

Section 2-1005(c) permits courts to consider pleadings on summary judgment, but unsupported allegations cannot create a genuine issue of material fact against contrary evidence.

Murphy v. Fernandez · filed 2025-06-02(c)

It is true that a court may consider the parties’ pleadings when resolving a motion for summary judgment. See 735 ILCS 5/2-1005(c). However, Illinois law is clear that conclusions that are unsupported by admissible facts in evidence do not create a genuine issue of material fact, especially when affidavits and depositions in support of a motion for summary judgment contain facts to the contrary.

Section 2-1005(c) permits summary judgment when the undisputed facts establish that a claim is time barred.

Roberts v. Nicol · filed 2026-04-23(c)

Summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022). ... Accordingly, the trial court did not err in granting summary judgment in favor of Dr. Kini, and that judgment is affirmed.

A party opposing a supported summary judgment motion cannot rely on the complaint alone to raise a genuine issue of material fact.

Forsberg v. Edward Hospital & Health Services · filed 2009-04-08(c)

If a party moving for summary judgment supplies facts that, if left uncontradieted, would entitle him to judgment, the opposing party may not rely on her pleadings alone to raise issues of material fact. Safeway Insurance Co. v. Hister, 304 Ill. App. 3d 687, 691 (1999). The section 2 — 622 report is thus unavailing as evidence opposing defendant’s summary judgment motion.

Under section 2-1005, once the respondent meets its initial burden on summary judgment, the petitioner must provide factual support for the elements of the claim.

People v. Corder · filed 2026-04-27(c)

Having found that the State met its initial burden for summary judgment, the burden shifts to Corder to provide factual support for the elements of his claim. ... We cannot find that Corder has met his burden to provide factual support for the elements of his claim.

Section 2-1005(c) permits summary judgment when the opposing party does not rebut the movant’s evidence and no genuine issue of material fact remains.

PNC Bank v. Krier · filed 2015-09-29(c)

Based on our de novo review of the record, we are mindful that Krier did not file a counteraffidavit in opposition to PNC’s motion for summary judgment. Consequently, the affidavits and documentation submitted by PNC were unrefuted and no genuine issue of material fact existed that would prevent entry of summary judgment. See 735 ILCS 5/2-1005(c) (West 2012).

Section 2-1005(c) permits summary judgment when unrefuted evidence leaves no genuine issue of material fact.

PNC Bank v. Krier · filed 2015-08-24(c)

Based on our de novo review of the record, we are mindful that Krier did not file a counter-affidavit in opposition to PNC’s motion for summary judgment. Consequently, the affidavits and documentation submitted by PNC were unrefuted and no genuine issue of material fact existed that would prevent entry of summary judgment. See 735 ILCS 5/2-1005(c) (West 2012).

On summary judgment, a court may rely on facts in a supporting affidavit when no counteraffidavit contradicts them.

Bank of America, N.A. v. Land · filed 2013-07-31(c)

Here, the Lands did not submit a counteraffidavit contradicting BOA’s affidavit regarding the balance of the loan, and under the circumstances, the circuit court rightfully relied on BOA’s calculations when entering summary judgment.

Section 2-1005 permits summary judgment when uncontroverted affidavit facts establish that the movant is entitled to judgment as a matter of law.

Beelman Truck Co. v. Cosentino · filed 1993-12-14

When the party moving for summary judgment (Beelman) files supporting affidavits containing well-pleaded facts and the party opposing the motion (the State) files no counteraffidavits, the trial court must accept as admitted the material facts set forth in the movant’s affidavits. ... We conclude that the trial court correctly entered summary judgment in favor of Beelman.

Section 2-1005(c) does not entitle a moving party to summary judgment merely because the opposing party files no counteraffidavit; documents in the record can create a genuine issue of material fact.

Rumford v. Countrywide Funding Corp. · filed 1997-04-03(c)

We wish to reiterate that, although uncontradicted statements of fact in an affidavit must be taken as true for purposes of a summary-judgment motion, the moving party is not entitled to summary judgment merely because the opposing party fails to file a counteraffidavit. Here, the documents attached to plaintiff’s complaint — the contract and the payoff letter — contradicted Wilson’s affidavit, and plaintiff was entitled to rely on that evidence to create a genuine issue of material fact.

Under section 2-1005(c), facts in an affidavit supporting summary judgment are taken as true when they are not contradicted by a counter-affidavit.

Delyer v. Village of Arlington Heights · filed 2025-08-14(c)

Again, however, when not contradicted by counter-affidavit, facts contained in an affidavit provided in support of a motion for summary judgment are taken as true for the purpose of the motion. Sconyers, 2014 IL App (1st) 130023, ¶ 9. Without being presented with any proper factual evidence to the contrary, we must conclude that there is no genuine issue of material fact with respect to this claim and that the circuit court properly granted summary judgment in favor of the Village as to count 4 of the complaint he filed in case 2023 M 300875.

Section 5/2-1005(c) permits summary judgment for a defendant when the plaintiff fails to present evidence supporting an essential element of the claim.

Gauthier v. Westfall · filed 1994-09-02(c)

If from the papers on file, a plaintiff fails to establish an element of his cause of action, summary judgment for the defendant is proper.

Section 2-1005 permits summary judgment for a medical malpractice defendant when the plaintiffs fail to respond to the motion and disclose an expert needed to establish their claim.

Higgens v. House · filed 1997-05-28

Because plaintiffs failed to file a response to the motion for summary judgment, there was no genuine issue of material fact on the issue of medical malpractice, i.e., plaintiffs had not disclosed the expert required to establish the essential elements of their claim. In these circumstances, the court could grant the motion as a matter of law.