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At a motion to dismiss hearing, the parties will stand before a judge who will decide whether to grant the motion or deny it.
Within 15 days after service of the written opposition, if any, the moving party may serve and file a response. (Subd (c) amended effective January 1, 2007.) Within five days after service of the response, if any, the opposing party may serve and file a reply.
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.
?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.
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 motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
In almost all jurisdictions (the Second Circuit may look at the futility of the amended complaint first), an amended complaint supersedes all prior complaints, thus motions directed at the superseded pleading generally will be denied as moot.