Affidavits

 Circuit Court of Illinois
 Cook County

Verification by Certification

Certification, Affidavit or Other Document Under Penalty of Perjury

Unless otherwise expressly provided by rule of the Supreme Court, whenever in this Code any complaint, petition, answer, reply, bill of particulars, answer to interrogatories, affidavit, return or proof of service, or other document or pleading filed in any court of this State is required or permitted to be verified, or made, sworn to or verified under oath, such requirement or permission is hereby defined to include a certification of such pleading, affidavit or other document under penalty of perjury as provided in this Section. 735 ILCS 5/1-109.

Certification Must Include Facts Stated Positively

Whenever any pleading, affidavit or other document is certified, the several matters stated shall be stated positively or upon information and belief only, according to the fact. 735 ILCS 5/1-109.

Language Certifying Personal Knowledge

The person or persons having knowledge of the matters stated in a pleading, affidavit or other document certified shall subscribe to a certification in substantially the following form: Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true. 735 ILCS 5/1-109.

Equivalent to Statement Under Oath

Any pleading, affidavit or other document certified in accordance with this Section may be used in the same manner and with the same force and effect as though subscribed and sworn to under oath. 735 ILCS 5/1-109.

False Affidavit or Oath

Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any pleading, affidavit or other document certified by such person in accordance with this Section shall be guilty of a Class 3 felony. 735 ILCS 5/1-109.

Affidavits Made Out of State

Affidavits made outside of Illinois must be made before an individual authorized by that state to administer the oath. The authorization must be made clear on the face of the affidavit. 5 ILCS 255/6.

Pleadings

No Affidavit Generally Required

Except when otherwise specifically provided by rule or statute, pleadings need not be verified or ac more...

Verification

Any pleading, although not required to be sworn to, may be verified by the oath of the party filing more...

Allegation of Execution of Instrument Admitted Unless Denied Under Oath

The allegation of the execution or assignment of any written instrument is admitted unless denied in more...

Products Liability Action -- Certificate of Merit

Detailed requirements for the certificate of merit required in products liability actions are set fo more...

Injunctive Relief on Weekend or Holiday

An action seeking injunctive relief on a weekend or holiday must include an affidavit supporting the more...

Motion For Summary Judgment

Affidavits In Support of Motion for Summary Judgment Not Required

A plaintiff or defendant may move with or without supporting affidavits for a summary judgment.. more...

Form of affidavits In Support of or Opposition to Summary Judgment

The form and contents of and procedure relating to affidavits in support or or in opposition to a mo more...

Form of Affidavits In Support of Motion for Summary Judgment, Involuntary Dismissal, or to Contest Jurisdiction

Affidavits in support of and in opposition to a motion for summary judgment under section 21005 of t more...

When Material Facts Are Not Obtainable by Affidavit

If the affidavit of either party contains a statement that any of the material facts which ought to more...

Affidavits Made in Bad Faith

If it appears to the satisfaction of the court at any time that any affidavit presented pursuant to more...

Affidavit Regarding Joinder of Unknown Parties

Unknown parties may be joined in an action when an affidavit is filed by the party desiring the join more...

Affidavit Required to Support Continuance for Absence of Material Evidence

A motion for continuance due to an absence of material evidence must be supported by an affidavit st more...

Affidavit Supporting or Opposing Motion to Dismiss

The grounds for involuntary dismissal set forth in 735 ILCS 5/2-619 must be apparent on the face of more...

Affidavit Regarding Document Discovery

The party producing documents shall furnish an affidavit stating whether the production is complete more...

Affidavit Regarding Service of Notice and Summons

Proof of service is shown by an affidavit from the server stating the time, manner and place of serv more...

Affidavit Denying Statement of Indebtedness

If a bill of particulars, in an action based on a contract, contains the statement of items of indeb more...

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