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SB 1352

CIV PRO-AFFIDAVIT OF MERIT

104th Regular Session Introduced by Don DeWitte

Requires an Illinois-licensed architect/engineer/surveyor expert affidavit early in malpractice/negligence claims to support allegations, with strict timing and consequences.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 1352

SB 1352 — Civil Procedure: Affidavit of Merit (summary)

Note: the provided document includes materials from multiple states. This summary focuses on the Illinois component titled “Affidavit of merit in malpractice or negligence action against an architect, engineer, or surveyor,” introduced as SB1352 (Illinois) on January 28, 2025 by Sen. Donald P. DeWitte. The bill would add Section 2‑625 to the Illinois Code of Civil Procedure (735 ILCS 5/2‑625).

Purpose / Intent

To require early, verified expert support (an “affidavit of merit”) in malpractice or negligence suits against architects, engineers, or surveyors, with specific deadlines and procedures for filing, objections, correction, and dismissal. The measure is designed to filter unsupported claims, clarify standards of care issues early, and streamline pretrial proceedings.

Key provisions

  • New Section 2‑625 establishes an affidavit-of-merit regime for claims alleging malpractice or negligence against architects, engineers, or surveyors.
  • Request and filing deadlines:
    • A defendant may request an affidavit of merit within 56 days after the complaint or notice is served. If the defendant does not request it, that right is waived.
    • After a request, the plaintiff must file the affidavit within 56 days.
    • The court may, for good cause, grant one extension of up to 56 days (motion to extend must be filed before the original 56 days expire).
  • Affidavit contents: the affiant must state that they reviewed the plaintiff’s records, the applicable standard of care, that the standard was breached, the actions that should/should not have been taken, and that the breach was a proximate cause of injury/damage.
  • Who may sign: the affiant must be licensed in Illinois (architect, engineer, or surveyor as appropriate) and actively practicing in the same discipline as the defendant.
  • Objections and correction:
    • A defendant’s objection to the affidavit must be raised by motion within 90 days after service of the affidavit (untimely objections are waived).
    • If the court finds the affidavit deficient, the plaintiff gets 56 days to file corrected affidavits; such filings relate back to the date of the original complaint/notice. The defendant may renew objections within 14 days after service of corrected affidavits.
  • Consequences for noncompliance:
    • Failure to file a required affidavit results in dismissal with prejudice. A plaintiff may voluntarily dismiss before the filing deadline (without prejudice), but any refiling must include a compliant affidavit or will be dismissed with prejudice.
  • Discovery: defendants must participate in discovery in good faith as required by court rules.
  • Carve-out: no affidavit of merit is required for pure breach-of-contract claims that do not involve the professional standard of care.
  • Definitions clarify “architect,” “engineer,” “surveyor,” “organization,” and parties (including cross/third‑party roles).
  • The section does not extend any statute of limitation or repose.

Who is affected

  • Plaintiffs bringing negligence or malpractice claims against architects, engineers, or surveyors.
  • Defendants (architects, engineers, surveyors and organizations employing them).
  • Attorneys, expert witnesses, insurers, and courts handling such claims — may see earlier expert involvement and procedural motions.
  • Potential indirect effects on construction and design litigation practice and insurance litigation costs.

Procedural / timeline highlights

  • Request window: defendant may request affidavit within 56 days after service.
  • Plaintiff filing window after request: 56 days (one possible 56‑day extension).
  • Defendant objection deadline: 90 days after affidavit service.
  • Cure period for deficient affidavits: 56 days to correct, with 14 days for renewed objections.
  • Failure to comply results in dismissal with prejudice.

Potential impacts (practical)

  • Pros: may reduce meritless suits early, focus litigation on technical issues, shorten costly discovery for unsupported claims.
  • Cons: increases upfront costs and time for plaintiffs to secure qualified expert affidavits; risk of dismissals on procedural grounds; potential litigation over sufficiency of affidavits.

Status / procedural notes

  • Introduced in the Illinois General Assembly on January 28, 2025 (Sen. Donald P. DeWitte). The bill text appears as a new Section 2‑625 of the Code of Civil Procedure. Related/companion legislation: HB 1033 (listed as companion in the provided materials).
  • Because the provided packet contains multi‑state material, confirm current status with the Illinois General Assembly for updates on committee action, amendments, or enactment.

Compiled from official sources — confirm details with the bill’s official record.

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