This form is a sample motion used by the plaintiff in a personal injury action requesting permission from the Court to amend the complaint in order to add addtional parties and to increase the amount of damages sought.
Illinois Motion for Leave to Amend Complaint - Personal Injury
State:
Multi-State
Control #:
US-PI-0039
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Motion For Leave To Amend Complaint - Personal Injury?
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FAQ
?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.
If no cause of action has been stated but the court believes there may be more facts that will enable the plaintiff to state a cause of action, the court sustains the demurrer "with leave to amend," in which case the plaintiff can restate his or her case in an amended complaint.
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 leave sought should, as the rules require, be ?freely given.? Of course, the grant or denial of an opportunity to amend is within the discretion of the District Court, but outright refusal to grant the leave without any justifying reason appearing for the denial is not an exercise of discretion; it is merely ...
A 2-615 motion for judgment on the pleadings requires a determination of whether the pleadings disclose any material issue of fact and, if not, whether the moving party is entitled to judgment as matter of law.
On good cause shown and terms that are just, amendments to the pleadings will be permitted to introduce any party who ought to have been joined to the action, change the cause of action or defense or add new causes of action or defenses.
?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.
(D) Answer. affirmation to the original or amended complaint within 30 days of the date of service thereof, but the hearing officer may, for good cause shown, grant further time for the filing of an answer.