(735 ILCS 5/2-1010) (from Ch. 110, par. 2-1010)
Sec. 2-1010.
(a) In any action, whether in tort, contract or otherwise,
in which the plaintiff seeks damages for injuries or death by reason of
medical, hospital, or other healing art malpractice, a party may, in lieu
of answering or otherwise pleading, file an affidavit certifying that he or
she was not directly or indirectly involved in the occurrence or
occurrences alleged in the action. In the event such an affidavit is filed,
the court shall order the dismissal of the claim against the certifying
party, except as provided for in subparagraph (b).
(b) Any party may oppose the dismissal or move to vacate the order of
dismissal and reinstate the certifying party, provided he or she can show
that the certifying party was directly or indirectly involved in the
occurrence or occurrences alleged in the action.
The party opposing the dismissal may, after the filing of an affidavit
under this Section, have discovery with respect to the involvement or
noninvolvement of the party filing the affidavit, provided that such
discovery is completed within 60 days of the filing of such affidavit.
(c) This Section does not apply to or affect any actions pending
at the time of its effective date, but applies to cases filed on or
after its effective date.
(Source: P.A. 84-7.)
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