Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2884 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2884 Introduced 1/24/2024, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-625 new Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for the dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care. LRB103 38047 JRC 68179 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2884 Introduced 1/24/2024, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-625 new 735 ILCS 5/2-625 new Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for the dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care. LRB103 38047 JRC 68179 b LRB103 38047 JRC 68179 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2884 Introduced 1/24/2024, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED:
3	3	735 ILCS 5/2-625 new 735 ILCS 5/2-625 new
4	4	735 ILCS 5/2-625 new
5	5	Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for the dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care.
6	6	LRB103 38047 JRC 68179 b LRB103 38047 JRC 68179 b
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8	8	A BILL FOR
9	9	SB2884LRB103 38047 JRC 68179 b SB2884 LRB103 38047 JRC 68179 b
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Civil Procedure is amended by
15	15	5 adding Section 2-625 as follows:
16	16	6 (735 ILCS 5/2-625 new)
17	17	7 Sec. 2-625. Affidavit of merit in malpractice or
18	18	8 negligence action against an architect, engineer, or surveyor.
19	19	9 (a) A defendant in an action alleging malpractice or
20	20	10 negligence against an architect, engineer, or surveyor may
21	21	11 request an affidavit of merit within 56 days after the
22	22	12 complaint or notice of the action is served on the defendant. A
23	23	13 defendant who does not request an affidavit of merit waives
24	24	14 the right to do so.
25	25	15 (b) Within 56 days after a request is made under
26	26	16 subsection (a), the plaintiff in the action shall file an
27	27	17 affidavit of merit signed by an individual who the plaintiff,
28	28	18 or the plaintiff's attorney, reasonably believes meets the
29	29	19 requirements of subsection (c).
30	30	20 The affiant shall state in the affidavit of merit:
31	31	21 (1) that the affiant has reviewed all records supplied
32	32	22 by the plaintiff or the plaintiff's attorney concerning
33	33	23 the conduct that is the subject of the action;
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2884 Introduced 1/24/2024, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED:
38	38	735 ILCS 5/2-625 new 735 ILCS 5/2-625 new
39	39	735 ILCS 5/2-625 new
40	40	Amends the Code of Civil Procedure. Provides that a defendant in an action alleging malpractice or negligence against an architect, engineer, or surveyor may request an affidavit of merit within 56 days after the complaint or notice of the action is served on the defendant. Provides that within 56 days after a request for an affidavit of merit is made, the plaintiff in the action shall file an affidavit of merit signed by an individual who the plaintiff reasonably believes meets certain requirements. Provides that the court may grant one extension of time for filing an affidavit of merit. Provides for the dismissal of an action, with or without prejudice. Provides that a defendant's objection to an affidavit of merit shall be raised in a motion filed within 90 days after the affidavit of merit is served. Provides that if the court determines that an affidavit of merit does not fully comply with the requirements, the court shall allow the plaintiff 56 days to file one or more affidavits of merit that correct the deficiencies identified by the court. Provides that a defendant shall participate in discovery in the action as required by court rules. Provides that an affidavit of merit is not required in an action for breach of contract against an architect, engineer, or surveyor that does not involve the standard of care.
41	41	LRB103 38047 JRC 68179 b LRB103 38047 JRC 68179 b
42	42	LRB103 38047 JRC 68179 b
43	43	A BILL FOR
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68	68	1 (2) that the affiant has reviewed the applicable
69	69	2 standard of care;
70	70	3 (3) that it is the affiant's opinion that the
71	71	4 applicable standard of care was breached by the architect,
72	72	5 engineer, or surveyor;
73	73	6 (4) the actions that should have been taken or omitted
74	74	7 by the architect, engineer, or surveyor to comply with the
75	75	8 applicable standard of care; and
76	76	9 (5) that the breach of the standard of care was a
77	77	10 proximate cause of the alleged injury or damage to the
78	78	11 plaintiff.
79	79	12 (c) An individual is qualified to sign an affidavit of
80	80	13 merit under subsection (b) if the individual is:
81	81	14 (1) licensed in this State as:
82	82	15 (A) an architect under the Illinois Architecture
83	83	16 Practice Act of 1989;
84	84	17 (B) an engineer under the Professional Engineering
85	85	18 Practice Act of 1989 or the Structural Engineering
86	86	19 Practice Act of 1989; or
87	87	20 (C) a surveyor under the Illinois Professional
88	88	21 Land Surveyor Act of 1989; and
89	89	22 (2) engaged in the practice of the same discipline as
90	90	23 the defendant.
91	91	24 (d) In an action alleging malpractice or negligence
92	92	25 against an architect, engineer, or surveyor, the court, on
93	93	26 motion and a showing of good cause, may grant one extension of
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104	104	1 time for filing an affidavit of merit under subsection (b) for
105	105	2 not more than 56 days. A motion to extend the time for filing
106	106	3 an affidavit of merit under subsection (b) shall be filed
107	107	4 before the expiration of the original 56 days provided under
108	108	5 subsection (b).
109	109	6 (e) If a plaintiff fails to file an affidavit of merit
110	110	7 under subsection (b), the court shall dismiss the action with
111	111	8 prejudice. The plaintiff may voluntarily dismiss the action
112	112	9 before the expiration of time for filing the affidavit of
113	113	10 merit. A voluntary dismissal by the plaintiff under this
114	114	11 subsection is without prejudice. Any action refiled after a
115	115	12 voluntary dismissal by the plaintiff under this subsection
116	116	13 shall be filed with an affidavit of merit that complies with
117	117	14 subsection (b). The court shall dismiss with prejudice a
118	118	15 refiled action that is not accompanied by an affidavit of
119	119	16 merit that complies with subsection (b).
120	120	17 (f) A defendant's objection to an affidavit of merit filed
121	121	18 under subsection (b) shall be raised in a motion filed within
122	122	19 90 days after the affidavit of merit is served. An objection to
123	123	20 an affidavit of merit filed under this subsection that is not
124	124	21 included in a timely filed motion is waived.
125	125	22 (g) If the court determines that an affidavit of merit
126	126	23 filed under subsection (b) does not fully comply with this
127	127	24 Section, the court shall allow the plaintiff 56 days to file
128	128	25 one or more affidavits of merit that correct the deficiencies
129	129	26 identified by the court. The filing of an affidavit of merit
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140	140	1 under this subsection relates back to the date of filing the
141	141	2 original complaint or notice requesting arbitration. If one or
142	142	3 more affidavits of merit are filed under this subsection, the
143	143	4 defendant may renew its objections by filing a motion within
144	144	5 14 days after service of the affidavits of merit.
145	145	6 (h) A defendant in an action alleging malpractice or
146	146	7 negligence against an architect, engineer, or surveyor shall
147	147	8 participate in discovery in the action in good faith as
148	148	9 required by court rules.
149	149	10 (i) An affidavit of merit under subsection (b) is not
150	150	11 required in an action for breach of contract against an
151	151	12 architect, engineer, or surveyor that does not involve the
152	152	13 standard of care.
153	153	14 (j) As used in this Section:
154	154	15 "Architect" means an individual who is licensed as an
155	155	16 architect under the Illinois Architecture Practice Act of 1989
156	156	17 and who is actively engaged in the practice of architecture in
157	157	18 this State. "Architect" includes an organization in which an
158	158	19 architect practices.
159	159	20 "Defendant" includes a cross defendant, counterdefendant,
160	160	21 or third-party defendant.
161	161	22 "Engineer" means an individual who is licensed as an
162	162	23 engineer under the Professional Engineering Practice Act of
163	163	24 1989 or the Structural Engineering Practice Act of 1989 and
164	164	25 who is actively engaged in the practice of engineering in this
165	165	26 State. "Engineer" includes an organization in which an
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