Illinois Plaintiff's Motion for Partial Summary Judgment - Personal Injury

State:
Multi-State
Control #:
US-PI-0271
Format:
Word; 
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This form is a sample plaintiff's motion for partial summary judgment on the issue of liability in personal injury case involving an automobile accident.

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FAQ

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.

Illinois is a fact-pleading jurisdiction. 10 Under this standard, the pleader is required to set forth and allege facts that support his or her cause of action, i.e., those facts necessary for recovery pursuant to a legally recognized cause of action.

Grounds for Motion To Strike The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

A Motion to Dismiss asks the judge to dismiss the plaintiff's case. The plaintiff's case is within the complaint, which is considered a pleading. A pleading is a formal document that starts or defends a lawsuit. The defendant's answer is also considered a pleading.

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.

The purpose of a motion to reconsider is to bring to the trial court's attention (1) newly discovered evidence not available at the time of the hearing, (2) changes in the law, or (3) errors in the court's previous application of existing law.

?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.

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

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Illinois Plaintiff's Motion for Partial Summary Judgment - Personal Injury