Motion To Strike For Untimely Filing In Chicago
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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.
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.
§ 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.
What happens next? If we filed the motion to strike in a trial court, then we will set the motion to be heard by a judge or magistrate, and be ruled upon. If we filed it in an appeals court, the appeals court will read the motion and offending document and will rule on it without hearing.
As with all motions, a motion to strike must state with particularity the grounds for seeking the order to strike, as well as the relief sought. FRCP 7(b); Smart Code®. Under FRCP 12(f), the court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
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. There are six common bases.
A Motion to Dismiss pursuant to 735 ILCS 5/2-615 alleges that there are defects on the face of the pleading. This typically means that the pleading does not state a claim for which the relief being requested can be granted.
The Motion and the Notice of Motion need to be e-filed with the Clerk of the Court. The e-Filing system will reject your filing if you do not enter a court date on the form before e-filing it.
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.