When may an Illinois plaintiff move for summary judgment?

Obtain the case record establishing the opposite party’s actual appearance.

If that party has not appeared, independently establish when its required appearance time expired.

Section 2-1005(a) uses those alternatives. It does not require another thirty days after either event.

1. Identify the actual appearance or required-time expiration alternative.
2. Do not add thirty days to that established event.
3. Read the actual dispositive-motion timetable and modifications.
4. Check filing, service, evidence and hearing requirements separately.

Identify actual appearance or expiration of the independently established required appearance time. Do not add thirty days to either event. Read the actual dispositive-motion timetable separately. Section 2-1005(a) supplies no fixed period to count.

There is no fixed summary judgment interval to roll forward for a weekend or holiday. Establish the underlying appearance deadline under its own rules. Review actual court directions, clerk access and the filing requirements for the intended submission.

Section 2-1005(a) opens filing after the opposite party appears or its required appearance time expires. It adds no 30-day wait. Rule 191(a) separately requires filing before the last date, if any, set by the trial court for dispositive motions. These conditions do not supply one computed earliest or final date.

Actual appearance and required-time expiration are alternatives

Section 2-1005(a) permits the plaintiff’s motion after the opposite party appears or its required appearance time expires. An actual appearance need not await expiration of that time. Establish the applicable event from the case record.

The court’s last dispositive-motion date remains separate

Rule 191(a) requires filing before the last date, if any, set by the trial court for dispositive motions. Rule 218(c) makes the case-management order control the subsequent course unless modified. Preserve the actual order and any modification.

Affidavits must contain competent facts

Rule 191(a) requires personal knowledge, particular facts, sworn or certified supporting documents, admissible evidence and competent testimony. Use multiple affidavits when one person lacks knowledge of all relevant facts. Conclusions alone do not satisfy those requirements.

Unavailable material facts require a supported request

Rule 191(b) specifies an affidavit identifying unavailable witnesses, why their affidavits cannot be obtained and the expected testimony with reasons. The court may grant or refuse relief, continue the motion or direct discovery. A request does not itself establish a continuance.

Filing eligibility does not establish entitlement to judgment

Section 2-1005(c) requires no genuine issue of material fact and entitlement as a matter of law on the specified record. It permits counteraffidavits prior to or at the hearing. Liability-only summary judgment can remain interlocutory when damages are disputed.

• This guide does not decide whether the motion succeeds, whether appearance was legally sufficient or whether the court grants additional time.
• Review the applicable historical edition, local procedure and actual orders before relying on any intended filing date.

• Preserve actual appearance or the independently established appearance-time expiration.
• Obtain the current dispositive-motion order and later modifications.
• Prepare competent supporting record materials and any Rule 191 affidavits.
• Identify hearing and response directions separately from statutory opening eligibility.
• File the actual motion before the last date, if any, set by the trial court for dispositive motions under Rule 191(a). Preserve the order and supporting evidence. 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. Use Rule 11’s applicable service method and file Rule 12 proof. Rule 12(c) makes electronic or personal delivery service effective on its stated day, mail service complete four days after mailing, and third-party carrier service complete on the third court day after delivery to the carrier. Establish effective service before using a service-triggered calculator. A rule requiring personal or email service cannot be replaced with ordinary mail.