Robidoux v. Oliphant

In Robidoux v. Oliphant, 201 Ill. 2d 324, 775 N.E.2d 987, 266 Ill. Dec. 915 (2002), the court held that an affidavit need not be notarized in order to comply with the requirements of Supreme Court Rule 191(a) (210 Ill. 2d R. 191(a)). However, in Roth, 202 Ill. 2d at 495-96, the court explained that its analysis in Robidoux "necessarily applied only to affidavits filed pursuant to Rule 191(a), which itself applies only to specified proceedings under the Code of Civil Procedure, such as motions for summary judgment, involuntary dismissal, and to special appearances to contest personal jurisdiction." The court further stated that because Rule 191(a) expressly provided what was required of the affidavit, but omitted reference to notarization, it was reasonable for the court to conclude in Robidoux that, unlike the traditional rule that notarization accompany an affidavit, Rule 191(a) did not require the affidavit be notarized. Roth, 202 Ill. 2d at 495-96. The foregoing makes clear that the holding in Robidoux was limited to the facts of that case and specifically to Rule 191(a).