Plaintiff moves to have summary judgment entered against defendant in an action concerning a default on an office lease.
Illinois Motion for Summary Judgment
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How to fill out Motion For Summary Judgment?
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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.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.
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 defendant may, at any time, move with or without supporting affidavits for a summary judgment in his or her favor as to all or any part of the relief sought against him or her. (c) Procedure. The opposite party may prior to or at the time of the hearing on the motion file counteraffidavits.
A defendant may, at any time, move with or without supporting affidavits for a summary judgment in his or her favor as to all or any part of the relief sought against him or her. (c) Procedure.
Make your argument in your brief, with citations to any useful docket entries. Every factual proposition, whether made in support of or opposition to, a motion for summary judgment must be supported by admissible evidence. The court will not search the record for evidence.
Summary Judgment Rules A party is entitled to summary judgment if the pleadings, depositions and admissions on file, together with the supporting affidavits (if any) show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c).