Illinois Pleading Petition / Motion is a set of legal documents used to initiate a legal action in the state of Illinois. It is used to start a civil lawsuit, such as a divorce, personal injury case, or breach of contract. The petition or motion outlines the grounds for the lawsuit, explains the relief sought, and provides facts and evidence to support the claim. It also contains a summons, which is served on the defendant (person or entity being sued) to apprise them of the lawsuit and their legal obligations. There are two main types of Illinois Pleading Petition / Motion: a Complaint and a Motion. A Complaint is the first document filed in a civil lawsuit, and it states the facts, circumstances and legal basis of the lawsuit. It is usually accompanied by a Summons, which notifies the defendant of the lawsuit. A Motion is a request made by a party in the suit, asking the court to take a specific action or give a ruling. Motions can be used for a variety of reasons, such as requesting a continuance, a dismissal, or a change of venue.
Illinois Pleading Petition / Motion
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FAQ
2-619. Involuntary dismissal based upon certain defects or defenses.
All pleadings must contain "a plain and concise statement" of the cause of action, counterclaim, defense, or reply. Id. In Illinois, fact pleading is required, as opposed to the notice pleadings required in federal court.
?In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action.
Illinois is a fact-pleading jurisdiction. 10 Under this standard, the pleader is required to set forth and allege facts that support his or her cause of action, i.e., those facts necessary for recovery pursuant to a legally recognized cause of action.
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.
Pleadings include briefs, motions, attachments, and responses.
In pleadings which are so verified, the several matters stated shall be stated positively or upon information and belief only, ing to the fact. Verified allegations do not constitute evidence except by way of admission.
At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.