Chicago Illinois Answer And Affirmative Defenses To First Amended Complaint
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FAQ
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.
If the defendant raises a new matter in an Affirmative Defense, the plaintiff must reply.
735 ILCS 5/2-608 (emphasis added). In contrast, an affirmative defense is a defense that, if proven, would mitigate or eradicate the defendant's negligent conduct alleged in the complaint. An affirmative defense is not a separate cause of action.
Rule 137 - Signing of Pleadings, Motions and Other Documents-Sanctions (a) Signature requirement/certification. Every pleading, motion and other document of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated.
Citing IL Case Law - Official Reporter Format (used for cases decided prior to 7/1/11) In general, cite to the case name, official reporter volume, name of the official reporter abbreviated, page number on which the opinion begins, pinpoint page(s) (if applicable), court district and year.
When must a defendant respond to the complaint? In Illinois, a defendant must respond by filing an appearance and an answer or other pleading within 30 days after being served with the complaint, not including the day of service, unless a motion attacking the complaint is filed (Ill.
Pursuant to Supreme Court Rule 182, the responsive pleading to an affirmative defense or a counterclaim is due 21 days after the last day the allowed for the filing of the answer.
A failure to state a claim is not an affirmative defense.