CIV PRO-AFFIDAVIT OF MERIT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3440

Introduced 2/4/2026, 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.
LRB104 18729 JRC 32172 b

A BILL FOR

SB3440
LRB104 18729 JRC 32172 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Civil Procedure is amended by
5
adding Section 2-625 as follows:

6

(735 ILCS 5/2-625 new)
7

Sec. 2-625.
Affidavit of merit in malpractice or
8
negligence action against an architect, engineer, or surveyor.
9

(a) A defendant in an action alleging malpractice or
10
negligence against an architect, engineer, or surveyor may
11
request an affidavit of merit within 56 days after the
12
complaint or notice of the action is served on the defendant. A
13
defendant who does not request an affidavit of merit waives
14
the right to do so.
15

(b) Within 56 days after a request is made under
16
subsection (a), the plaintiff in the action shall file an
17
affidavit of merit signed by an individual who the plaintiff,
18
or the plaintiff's attorney, reasonably believes meets the
19
requirements of subsection (c).
20

The affiant shall state in the affidavit of merit:
21

(1) that the affiant has reviewed all records supplied
22

by the plaintiff or the plaintiff's attorney concerning
23

the conduct that is the subject of the action;

SB3440
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LRB104 18729 JRC 32172 b
1

(2) that the affiant has reviewed the applicable
2

standard of care;
3

(3) that it is the affiant's opinion that the
4

applicable standard of care was breached by the architect,
5

engineer, or surveyor;
6

(4) the actions that should have been taken or omitted
7

by the architect, engineer, or surveyor to comply with the
8

applicable standard of care; and
9

(5) that the breach of the standard of care was a
10

proximate cause of the alleged injury or damage to the
11

plaintiff.
12

(c) An individual is qualified to sign an affidavit of
13
merit under subsection (b) if the individual is:
14

(1) licensed in this State as:
15

(A) an architect under the Illinois Architecture
16

Practice Act of 1989;
17

(B) an engineer under the Professional Engineering
18

Practice Act of 1989 or the Structural Engineering
19

Practice Act of 1989; or
20

(C) a surveyor under the Illinois Professional
21

Land Surveyor Act of 1989; and
22

(2) engaged in the practice of the same discipline as
23

the defendant.
24

(d) In an action alleging malpractice or negligence
25
against an architect, engineer, or surveyor, the court, on
26
motion and a showing of good cause, may grant one extension of

SB3440
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LRB104 18729 JRC 32172 b
1
time for filing an affidavit of merit under subsection (b) for
2
not more than 56 days. A motion to extend the time for filing
3
an affidavit of merit under subsection (b) shall be filed
4
before the expiration of the original 56 days provided under
5
subsection (b).
6

(e) If a plaintiff fails to file an affidavit of merit
7
under subsection (b), the court shall dismiss the action with
8
prejudice. The plaintiff may voluntarily dismiss the action
9
before the expiration of time for filing the affidavit of
10
merit. A voluntary dismissal by the plaintiff under this
11
subsection is without prejudice. Any action refiled after a
12
voluntary dismissal by the plaintiff under this subsection
13
shall be filed with an affidavit of merit that complies with
14
subsection (b). The court shall dismiss with prejudice a
15
refiled action that is not accompanied by an affidavit of
16
merit that complies with subsection (b).
17

(f) A defendant's objection to an affidavit of merit filed
18
under subsection (b) shall be raised in a motion filed within
19
90 days after the affidavit of merit is served. An objection to
20
an affidavit of merit filed under this subsection that is not
21
included in a timely filed motion is waived.
22

(g) If the court determines that an affidavit of merit
23
filed under subsection (b) does not fully comply with this
24
Section, the court shall allow the plaintiff 56 days to file
25
one or more affidavits of merit that correct the deficiencies
26
identified by the court. The filing of an affidavit of merit

SB3440
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LRB104 18729 JRC 32172 b
1
under this subsection relates back to the date of filing the
2
original complaint or notice requesting arbitration. If one or
3
more affidavits of merit are filed under this subsection, the
4
defendant may renew its objections by filing a motion within
5
14 days after service of the affidavits of merit.
6

(h) A defendant in an action alleging malpractice or
7
negligence against an architect, engineer, or surveyor shall
8
participate in discovery in the action in good faith as
9
required by court rules.
10

(i) An affidavit of merit under subsection (b) is not
11
required in an action for breach of contract against an
12
architect, engineer, or surveyor that does not involve the
13
standard of care.
14

(j) As used in this Section:
15

"Architect" means an individual who is licensed as an
16
architect under the Illinois Architecture Practice Act of 1989
17
and who is actively engaged in the practice of architecture in
18
this State. "Architect" includes an organization in which an
19
architect practices.
20

"Defendant" includes a cross defendant, counterdefendant,
21
or third-party defendant.
22

"Engineer" means an individual who is licensed as an
23
engineer under the Professional Engineering Practice Act of
24
1989 or the Structural Engineering Practice Act of 1989 and
25
who is actively engaged in the practice of engineering in this
26
State. "Engineer" includes an organization in which an

SB3440
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LRB104 18729 JRC 32172 b
1
engineer practices.
2

"Organization" means a corporation, partnership, limited
3
liability company, joint venture, or other business entity.
4

"Plaintiff" includes a cross plaintiff, counterclaimant,
5
or third-party plaintiff.
6

"Surveyor" means an individual who is licensed as a
7
surveyor under the Illinois Professional Land Surveyor Act of
8
1989 and who is actively engaged in the practice of surveying
9
in this State. "Surveyor" includes an organization in which a
10
surveyor practices.
11

(k) This Section shall not be construed to extend any
12
applicable period of limitation or repose.

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