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Illinois Motion & Order to Dismiss EOP/InterimOP/Plenary OP

State:
Illinois
Control #:
IL-SKU-0443
Format:
PDF
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Description

Motion & Order to Dismiss EOP/InterimOP/Plenary OP

The Illinois Motion & Order to Dismiss TOP/Interior/Plenary OP is a type of legal motion filed by a defendant in a civil case in the state of Illinois. This motion is used to request the dismissal of a case before the trial begins. The motion can be granted if the court finds that the plaintiff's case is legally insufficient to proceed. The three types of Illinois Motion & Order to Dismiss TOP/Interior/Plenary OP are: 1. Motion to Dismiss for TOP (Early Order of Protection): This motion is filed when the plaintiff has failed to provide sufficient evidence to support the allegations of the complaint. 2. Motion to Dismiss for Interim OP (Interim Order of Protection): This motion is filed when the plaintiff has failed to provide sufficient evidence to support a temporary order of protection. 3. Motion to Dismiss for Plenary OP (Plenary Order of Protection): This motion is filed when the plaintiff has failed to provide sufficient evidence to support a full order of protection. These motions are typically filed before a trial begins and are used to prevent a case from going to trial when the plaintiff's case is legally insufficient. When the motion is granted, the case is dismissed without prejudice, meaning that the plaintiff can refile the case with additional evidence.

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FAQ

You can file a written response to the Motion with the clerk of the appellate court. Generally, you must file the response within 5 days after you receive the motion by email or personal service, or 10 days after you receive the motion by mail.

Your motion/petition must include a Notice of Motion, which must be filed with the Clerk of Court. The notice of motion will state the name of the case, case number, name of your motion and the date, time and place for hearing (including the name of the judge), and a brief description of your motion or petition.

If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay.

File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.

A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.

A motion is a written request to the court to ask for a decision. There are many reasons to file a motion. Motions ask the court to enter an order to ask for the court's permission to do something or to require the other side to do something.

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Illinois Motion & Order to Dismiss EOP/InterimOP/Plenary OP