Affidavit Motion Amend For Merit In Illinois
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FAQ
The 2-615 motions attack defects appearing on the face of the plead- ings. They have two basic require- ments. The first requirement is the motion must specifically point out the defect complained of. The sec- ond requirement is the motion must ask for the appropriate relief.
Sec. 2-607. Bills of particulars. (a) Within the time a party is to respond to a pleading, that party may, if allegations are so wanting in details that the responding party should be entitled to a bill of particulars, file and serve a notice demanding it.
Under Illinois Rule of Evidence 607, the party who called the witness may not attack the witness's credibility by means of a prior inconsistent statement unless there is a showing of affirmative damage, with certain exceptions relating to the rules of hearsay.
In the relevant part, section 2-606 requires that, if a claim or defense is founded upon a written instrument, either a copy of that written instrument must be attached to the pleading as an exhibit or recited therein, or the pleader must attach an affidavit stating facts showing that the instrument is not accessible.
§ 21-1.01. Criminal Damage to Government Supported Property. (4) deposits on government supported land or in a government supported building, without the consent of the State, any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building.
The court may grant a motion to dismiss if the plaintiff's complaint fails to allege all the elements of a claim adequately. Or the court may grant it if the complaint fails to allege a measurable injury.
What Is an Affidavit of Merit? An affidavit of merit is a signed document that states that a medical expert has reviewed the plaintiff's case and agrees that the defendant fell short of the applicable standard of care. It is required in many states at the same time that the plaintiff files their lawsuit.
At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.
