IL · rules
Ill. S. Ct. R. 276
Opening of Judgment by Confession
A motion to open a judgment by confession shall be supported by affidavit in the manner
provided by Rule 191 for summary judgments, and shall be accompanied by a verified answer
which defendant proposes to file. If the motion and affidavit disclose a prima facie defense on the
merits to the whole or a part of the plaintiff’s claim, the court shall set the motion for hearing. The
plaintiff may file counteraffidavits. If, at the hearing upon the motion, it appears that the defendant
has a defense on the merits to the whole or a part of the plaintiff’s claim and that he has been
diligent in presenting his motion to open the judgment, the court shall sustain the motion either as
to the whole of the judgment or as to any part thereof as to which a good defense has been shown,
and the case shall thereafter proceed to trial upon the complaint, answer, and any further pleadings
which are required or permitted. If an order is entered opening the judgment, defendant may assert
any counterclaim, and plaintiff may amend his complaint so as to assert any other claims, including
claims which have accrued subsequent to the entry of the original judgment. The issues of the case
shall be tried by the court without a jury unless the defendant or the plaintiff demands a jury and
pays the proper fee (if one is required by law) to the clerk at the time of the entry of the order
opening the judgment. The original judgment stands as security, and all further proceedings
thereon are stayed until the further order of the court, but if the defense is to a part only of the
original judgment, the judgment stands as to the balance and enforcement may be had thereon. If
a defendant files a motion supported by affidavit which does not disclose a defense to the merits
but discloses a counterclaim against the plaintiff, and defendant has been diligent in presenting his
motion, the trial court may permit the filing of the counterclaim and, to the extent justice requires,
may stay proceedings on the judgment by confession until the counterclaim is disposed of.
History
Amended May 28, 1982, effective July 1, 1982. Committee Comments This is former Rule 23 with the language of the last sentence changed to clarify the right of the trial court to stay or refuse to stay proceedings in whole or in part until the counterclaim is disposed of.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
ed6e1a6928e1af962ad424258818daf5a390a0c6570157b6bf86745476a42ee6
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