Illinois Defendants Motion To Claim Exemption Under Citation Proceedings is a legal action taken by a defendant in the state of Illinois who has been cited or summoned to appear in court. This motion allows the defendant to file a claim of exemption from appearing in court on the basis of certain exemptions outlined in the Illinois Supreme Court Rules. The exemptions that can be claimed include physical or mental incapacity, service in the armed forces, a medical emergency, or other extenuating circumstances. There are two types of Illinois Defendants Motion To Claim Exemption Under Citation Proceedings: a motion to claim an exemption due to physical or mental incapacity, and a motion to claim an exemption due to service in the armed forces or a medical emergency. Both types of motions must be filed in the circuit court of the county in which the citation was issued.
Illinois Defendants Motion To Claim Exemption Under Citation Proceedings
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For example, in Illinois, the rules generally require an ?affidavit? be notarized, though there are specific types of affidavits to which the requirement does not apply, such as affidavits being filed in support of a motion for summary judgment or a motion for involuntary dismissal.
2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time to time, issue subpoenas for those witnesses and to those counties in the State as may be required by either party. Every clerk who shall refuse so to do shall be guilty of a petty offense and fined any sum not to exceed $100.
2-1401. Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review, and bills in the nature of bills of review are abolished.
Failure to state a claim In the complaint, the plaintiff must also allege all of the elements of the claim. Failure to allege all elements of the claim is a reason for a Motion to Dismiss. For example, in a car accident, the plaintiff may claim that the defendant was negligent.
No person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he or she shall not enter with force, but in a peaceable manner. (Source: P.A. 82-280.)
Sec. 114-5. Substitution of judge. (a) Within 10 days after a cause involving only one defendant has been placed on the trial call of a judge the defendant may move the court in writing for a substitution of that judge on the ground that such judge is so prejudiced against him that he cannot receive a fair trial.
A complaint where the plaintiff (or, in limited cases, the plaintiff's counsel) swears to the allegations, demonstrating to a court that the plaintiff has investigated the charges against the defendant and found them to be of substance.
Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any pleading, affidavit or other document certified by such person in ance with this Section shall be guilty of a Class 3 felony.