Illinois Motion For Dismissal of Suit-Order (Small Claims) is a legal document used in the state of Illinois to dismiss a small-claims civil lawsuit. It is a request for the court to dismiss the pending lawsuit due to a lack of evidence or other legal grounds. The motion must be filed by the defendant, and if granted, can result in the dismissal of the lawsuit and the prevention of any further proceedings. There are two types of Illinois Motion For Dismissal of Suit-Order (Small Claims): pre-trial dismissal and post-trial dismissal. Pre-trial dismissal is a motion for dismissal of the lawsuit before the trial has begun, while post-trial dismissal is a motion for dismissal after the trial has been completed. Both motions must be accompanied by a brief, outlining the legal arguments for dismissal and any supporting evidence.
Illinois Motion For Dismissal of Suit-Order (Small Claims)
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The 2-615 motions attack defects appearing on the face of the pleadings. They have two basic requirements. The first requirement is the motion must specifically point out the defect complained of. The second requirement is the motion must ask for the appropriate relief.
2-619. Involuntary dismissal based upon certain defects or defenses.
Motions with respect to pleadings under Section 2-615, motions for involuntary dismissal or other relief under Section 2-619, and motions for summary judgment under Section 2-1005 may be filed together as a single motion in any combination.
2-619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds.
The defendant can file a Motion to Dismiss and ask the court to throw out the entire case.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
?2-619 Motions to Dismiss While 2-615 Motions to Dismiss allow for dismissal based on a failure to plead a cause of action adequately, a 2-619 Motion requests that the case is dismissed based on certain specific defects or defenses in the Complaint.
While 2-615 Motions to Dismiss allow for dismissal based on a failure to plead a cause of action adequately, a 2-619 Motion requests that the case is dismissed based on certain specific defects or defenses in the Complaint.