When is the Illinois healing-art malpractice report due after a limitations affidavit?

Preserve the complaint filing date and the attached affidavit invoking Section 2-622(a)(2).

Establish that consultation could not be obtained before expiration of limitations would impair the action.

If the affidavit instead concerns unproduced records under (a)(3), establish receipt of those records and review that separate 90-day branch.

1. Preserve the complaint filing date and the attached affidavit invoking Section 2-622(a)(2).
2. Exclude complaint filing and count 90 calendar days. The ninety days concern the certificate and written report. Independently determine when the malpractice action itself must commence.
3. Check the final weekend, statutory holiday and the proper court’s actual calendar.
4. File the required certificate and health professional’s written report. Preserve each defendant’s separate certificate and report and proof of service.

Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.

Fictitious example

Use only the complaint-based (a)(2) report period after establishing its affidavit conditions. Do not enter a records-receipt date or use this period to extend commencement of the malpractice claim. Fictitious statutory event, independently established under the precise scope stated in this guide. Use only the complaint-based (a)(2) report period after establishing its affidavit conditions. Do not enter a records-receipt date or use this period to extend commencement of the malpractice claim.

Fictitious complaint and valid limitations affidavit. This computes report filing only. It does not extend claim commencement or compute the defendant’s answer date.

The complaint affidavit is still required

Section 2-622(a) requires an affidavit attached to the original and all copies of the complaint. The limitations branch requires the stated inability to obtain consultation before expiration would impair the action.

Records receipt creates a different report clock

Under (a)(3), a compliant request for records not produced within 60 days permits the stated affidavit. Its certificate and report are due within 90 days following receipt of the requested records.

The defendant’s pleading period is separate

The statute excuses answering or otherwise pleading until 30 days after certificate service. The missing-records branch excepts defendants whose failure to produce records supports that affidavit.

Each defendant needs the required materials

Subsection (b) requires a separate certificate and report for each named defendant, including defendants named later. Subsections (c) and (d) add specific opinions for res ipsa loquitur and failure to inform of consequences.

An unsupported report can result in dismissal

The reviewing professional must meet the statute’s knowledge, practice or teaching, and competence qualifications. Failure to file the required certificate is a ground for dismissal under Section 2-619.

• This calculation does not determine whether relief is available or whether the facts satisfy the statute.
• A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.

• Preserve the complaint filing date and the attached affidavit invoking Section 2-622(a)(2).
• Establish that consultation could not be obtained before expiration of limitations would impair the action.
• If the affidavit instead concerns unproduced records under (a)(3), establish receipt of those records and review that separate 90-day branch.
• Section 2-622(a) requires an affidavit attached to the original and all copies of the complaint. The limitations branch requires the stated inability to obtain consultation before expiration would impair the action.
• Under (a)(3), a compliant request for records not produced within 60 days permits the stated affidavit. Its certificate and report are due within 90 days following receipt of the requested records.
• The statute excuses answering or otherwise pleading until 30 days after certificate service. The missing-records branch excepts defendants whose failure to produce records supports that affidavit.
• Subsection (b) requires a separate certificate and report for each named defendant, including defendants named later. Subsections (c) and (d) add specific opinions for res ipsa loquitur and failure to inform of consequences.
• The reviewing professional must meet the statute’s knowledge, practice or teaching, and competence qualifications. Failure to file the required certificate is a ground for dismissal under Section 2-619.
• File the required certificate and health professional’s written report. Preserve each defendant’s separate certificate and report and proof of service. File with the proper clerk in the required format. Rule 9 ordinarily requires civil electronic filing, subject to its exceptions and exemptions. Rule 9(f) ordinarily requires submission before midnight in the court time zone unless a statute, rule or actual order specifies a different time. A submission on a closed clerk day ordinarily receives the next open-day stamp. Preserve the actual electronic file mark, receipt and any filing-relief order. Filing and service are distinct acts.