Motions for clarification are either the result of sloppy lawyering, poor reading comprehension and/or truly unforeseen circumstances that the court or parties could did not anticipate. A motion for clarification is an admission that something went wrong.
A Motion for Clarification is a formal request submitted to a court to seek clarity on a specific issue within a ruling or order. This motion is not intended to alter the original order but rather to ensure that all parties understand the court's intentions and directives clearly.
This is roughly a 5 percent success rate for all motions.
“The purpose of a clarification is to take a prior statement, decision or order and make it easier to understand.
1. The purpose of a Motion for Clarification is to ask the Court to explain the provisions of a prior order of the Court that a party does not fully understand. 2. This motion is not to be used if a party contests or wishes to change the outcome with respect to an issue in the final order.
A section 2-615 motion to dismiss is appropriate if there is a defect on the face of the complaint or other pleading. Common bases for a section 2-615 motion include failing to allege essential elements of the alleged cause of action and failing to state a claim upon which relief may be granted, among others.
Either side in a case can file a motion. In some instances, a non-party may file a motion (for example, a motion to quash a subpoena issued in the case). Motions are electronically filed (e-file) with the court clerk where your case is being heard and are decided by a judge at a motion hearing.
2-615 Motions to Dismiss 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.