Illinois Motion for Summary Judgment by Defendant with Notice of Motion

State:
Multi-State
Control #:
US-00920BG
Format:
Word; 
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Description

This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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  • Preview Motion for Summary Judgment by Defendant with Notice of Motion
  • Preview Motion for Summary Judgment by Defendant with Notice of Motion

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FAQ

A Notice of Motion tells the other parties in your court case that you've asked the judge to do something in the case.

For the purpose of these Rules, ?Motion? includes any pleading or paper in the nature of a Petition or Motion, other than a Petition or Complaint which initiates a cause of action. B. Each Motion shall be in writing.

Under the rules of federal courts, unless a different time is set by local rule or a court orders it, the party seeking summary judgment may file a motion at any time until 30 days after the close of discovery.

?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.

Parties file motions for summary judgment, requesting judgment in their favor without a trial, when either there is no dispute as to the material facts, or the other side cannot prove their claims or defenses.

Illinois Code of Civil Procedure 2-619 governs the involuntary dismissal of an action by the motion of a defendant (or other party against whom a claim is asserted) based upon specified defects or defenses.

The purpose of a motion to reconsider is to bring to the trial court's attention (1) newly discovered evidence not available at the time of the hearing, (2) changes in the law, or (3) errors in the court's previous application of existing law.

This Court advises the parties that when a motion to dismiss is filed, the non-moving party has a right to amend its pleading once within 21 days.

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Illinois Motion for Summary Judgment by Defendant with Notice of Motion