This form is a sample order granting the defendant's motion for summary judgment dismissing the plaintiff's cause of action with prejudice.
Illinois Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
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Multi-State
Control #:
US-PI-0272
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Word;
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How to fill out Order Granting Motion For Summary Judgment And Final Judgment Of Dismissal With Prejudice?
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FAQ
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.
Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
?Courts will grant a motion for summary judgment and enter judgment in favor of the party filing the motion when the party filing the motion can show that: (1) there is no dispute as to the material facts of the case; and (2) based on the undisputed facts, the party filing the motion is entitled to judgment as a matter ...
If you ignore the Notice, a hearing officer may enter a Default Judgment against you based on the evidence presented. A "Default Judgment" is similar to a Judge's order in that it can be used to place a lien on your property, garnish your wages and/or affect your credit.
A case can be dismissed with prejudice or without prejudice. When a case is dismissed with prejudice, it means the plaintiff cannot file the same case against the same defendant again. When a case is dismissed without prejudice, the plaintiff is allowed to start over and file the lawsuit again.
?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.