Motion To Strike For More Definite Statement In Illinois
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FAQ
Whichever side bears the burden of proof has to prove their case by a preponderance of the evidence. A “preponderance of the evidence” means that it is more likely than not that the search / seizure was unreasonable.
A party may move to suppress the use of a piece of evidence, an expert or a deposition. This motion is normally made if the use of the person or object under question would be invalid or would cause prejudice that would outweigh its value in court or to the jury.
§ 114-11. Motion to Suppress Confession. (a) Prior to the trial of any criminal case a defendant may move to suppress as evidence any confession given by him on the ground that it was not voluntary. (b) The motion shall be in writing and state facts showing wherein the confession is involuntary.
Evidence may be suppressed in California if it was obtained in violation of the Fourth Amendment to the United States Constitution or Article I, Section 13 of the California Constitution, which protect against unreasonable searches and seizures.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
A motion for a more definite statement must be filed before filing a responsive pleading. FRCP 12(e). Therefore, unless ordered otherwise by the court, the motion must be filed within 21 days after being served with a summons and complaint, or within 60 days if service of the complaint was timely waived.
§ 114-11. Motion to Suppress Confession. (a) Prior to the trial of any criminal case a defendant may move to suppress as evidence any confession given by him on the ground that it was not voluntary. (b) The motion shall be in writing and state facts showing wherein the confession is involuntary.
A “motion to dismiss” is typically filed in response to a complaint and is made in lieu of filing an “answer.” Technically, a plaintiff can move to “strike” a defense that a defendant has pled, given that defenses are subject to the same pleading requirements as are the plaintiff's claims.
(e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
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.
