Illinois Pleading Petition / Motion refers to a court filing that is used to initiate or respond to a court action. It is a formal request to the court to take some kind of action, such as issue an order or grant a judgment. There are three types of Illinois Pleading Petition / Motion: Complaint, Motion, and Answer. A Complaint is a document that is filed to start a civil lawsuit. It outlines the facts of the case, the legal basis for the suit, and the relief sought by the plaintiff. A Motion is a document filed to ask the court to grant a specific request, such as granting a motion to dismiss or granting summary judgment. An Answer is a document filed by a defendant in response to a complaint. It typically includes a statement of defenses that the defendant is raising to the claims presented in the complaint.
Illinois Pleading Petition / Motion
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FAQ
?In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action.
?2-619 Motions to Dismiss While 2-615 Motions to Dismiss allow for dismissal based on a failure to plead a cause of action adequately, a 2-619 Motion requests that the case is dismissed based on certain specific defects or defenses in the Complaint.
The 2-615 motions attack defects appearing on the face of the pleadings. They have two basic requirements. The first requirement is the motion must specifically point out the defect complained of. The second requirement is the motion must ask for the appropriate relief.
2-619. Involuntary dismissal based upon certain defects or defenses.
All pleadings must contain "a plain and concise statement" of the cause of action, counterclaim, defense, or reply. Id. In Illinois, fact pleading is required, as opposed to the notice pleadings required in federal court.
Illinois is a fact-pleading jurisdiction. 10 Under this standard, the pleader is required to set forth and allege facts that support his or her cause of action, i.e., those facts necessary for recovery pursuant to a legally recognized cause of action.
Motions with respect to pleadings under Section 2-615, motions for involuntary dismissal or other relief under Section 2-619, and motions for summary judgment under Section 2-1005 may be filed together as a single motion in any combination.
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.