Issue: Under Illinois law, when should the court permit a party to amend pleadings?
Area of Law:
Litigation Practice & Procedure, Litigation Practice and Procedure
; Pleading; Ammend Pleading;Summary Judgement
The Illinois Code of Civil Procedure states in relevant part: "Before or after the entry of a summary judgment, the court shall permit pleadings to be amended upon just and reasonable terms." [statref]735 ILCS 5/2-1005(g) (West 2012)[/statref]. In deciding whether a post-summary judgment amendment is proper, the following four factors are considered: "(1) whether the proposed amendment would cure the defective pleading; (2) whether other parties would sustain prejudice or surprise by virtue of the proposed amendment; (3) whether the proposed amendment is timely; and (4) whether previous opportunities to amend the pleading could be identified." Loyola Academy v. S & S Roof Maintenance, Inc., 146 Ill. 2d 263, 273 (1992).