Motion To Strike With Prejudice In Illinois
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FAQ
If a Motion to Dismiss is granted on all claims, the case is ended, and the defendant wins. A case can be dismissed "with prejudice" or "without prejudice." When a case is dismissed with prejudice, it means the plaintiff cannot file the same case against the same defendant again.
There are two types of Motions to Dismiss: 2-615 Motions and 2-619 Motions. The names of these motions are based on the statute that provides for them (735 ILCS 5/2-615 and 735 ILCS 5/2-619, respectively). 2-615 Motions and 2-619 Motions serve different purposes.
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.
``dismissed with prejudice'' means that the case is dismissed, but it is dismissed because of a judgement (thus pre-judged), ie, that even if the case were brought up again, the judge has determined that a not-guilty verdict would be the only outcome, so the defendant cannot be retried.
For example, an arrest without probable cause, violation of the right to a speedy trial, or an illegal search can lead to a case being dismissed with prejudice. Other errors in a case also may lead a court to dismiss a case with prejudice.
District Courts may dismiss with prejudice where the plaintiff acted irresponsibly or in bad faith, or where rehearing the claim would burden the court system.
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.
