This form is a separate answer and defenses filed by one of several defendants in a personal injury action.
Illinois Separate Answer and Defenses to Amended Complaint
State:
Multi-State
Control #:
US-PI-0189
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Word;
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How to fill out Separate Answer And Defenses To Amended Complaint?
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FAQ
2-613. Separate counts and defenses. (a) Parties may plead as many causes of action, counterclaims, defenses, and matters in reply as they may have, and each shall be separately designated and numbered.
Salomon, 2011 IL App (1st) 110851, ¶¶34 ? 38 (A ?set-off? is a counterclaim; not an affirmative defense since the set-off defendant/counter-plaintiff seeks affirmative monetary relief against the plaintiff/counter-defendant.)
Most affirmative defenses must be pleaded in a timely manner by a defendant in order for the court to consider them, or else they are considered waived by the defendant's failure to assert them. The classic unwaivable affirmative defense is lack of subject-matter jurisdiction.
(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.
A reply to affirmative defenses generally contains the following elements, in this order: ? A caption ? Denials and admissions of the allegations of the affirmative defenses ? Signature of the plaintiff's attorney (or the plaintiff, if unrepresented) When drafting the reply, be sure to address each allegation of the ...
(d) The facts constituting any affirmative defense, such as payment, release, satisfaction, discharge, license, fraud, duress, estoppel, laches, statute of frauds, illegality, that the negligence of a complaining party contributed in whole or in part to the injury of which he complains, that an instrument or ...
?2-615 Motions to Dismiss Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action. For example, a cause of action for a civil assault requires the plaintiff to plead the following elements: An intentional act. Directed toward the plaintiff.
Practitioners need to also remember that if a party files an affirmative answer, the opposing party must file a reply, or the affirmative defenses will be deemed admitted. 735 ILCS 5/2-602.