Illinois Motion for Service at Government Expense is a type of court filing in the state of Illinois. The motion is a legal document filed by a party in a court case to ask the court to order the government to pay for the cost of serving legal documents, such as a summons or complaint, on the other parties in the case. This type of motion is typically used when a party cannot afford the cost of service and needs government assistance to serve documents. There are two types of Illinois Motion for Service at Government Expense: a general motion and an indigent motion. The general motion is for individuals who do not qualify as “indigent” under Illinois law, but are still unable to pay the cost of service. The indigent motion is for individuals who are indigent, meaning they have little or no income and/or resources. Both types of motions require the party filing it to provide proof of their financial situation in order for the court to determine if they qualify for government assistance.
Illinois Motion for Service at Government Expense
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FAQ
Failure to state a claim In the complaint, the plaintiff must also allege all of the elements of the claim. Failure to allege all elements of the claim is a reason for a Motion to Dismiss. For example, in a car accident, the plaintiff may claim that the defendant was negligent.
Illinois Supreme Court Rule 282(b) reads in full: ?No corporation may appear as claimant, assignee, subrogee or counterclaimant in a small claims proceeding, unless represented by counsel.
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 ance with this Section shall be guilty of a Class 3 felony.
Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.
2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall refuse so to do shall be guilty of a petty offense and fined any sum not to exceed $100.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall refuse so to do shall be guilty of a petty offense and fined any sum not to exceed $100.
For example, in Illinois, the rules generally require an ?affidavit? be notarized, though there are specific types of affidavits to which the requirement does not apply, such as affidavits being filed in support of a motion for summary judgment or a motion for involuntary dismissal.