Illinois General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

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Multi-State
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US-01058BG
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Word; 
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. Generally, where there is a procedural defect in a proceeding, a motion is an appropriate remedy. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should not be performed, and is usually, although not always, made in response to a party's motion.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion
  • Preview General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion

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FAQ

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

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. Either side in a case can file a motion.

These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.

?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.

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.

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.

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.

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.

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Illinois General Form of a Motion of Defendant and Notice to Plaintiff of Hearing on Motion