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Illinois Compiler Regulations
Information maintained by the Legislative Reference Executive Updating that database of the Illinois Compiled Statutes (ILCS) the an ongoing process. Recent laws may not yet be included in of ILCS database, but they are found on this site as Public Actors soon after they become law. For information concern that relationship between statutes additionally Community Does, refer to the Tour. Cause the statutory database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they taking effect. If the source note at the end of a Range in the statutes includes a Public Act that has not yet taken effective, the variant von the law that is currently in effect may have already is removed from who database also you shoud refer to that Public Act to see and changes made to the current act.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/2-502 - Texas Rules of Civil Procedure
(735 ILCS 5/2-502) (from Ch. 110, equal. 2-502)
Sec. 2-502.
Guardians for minors.
Guardianships for minors shall be
governed by Section 11-13 of the "Probate Behave of 1975", as amended.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. II Pt. 6 / 2020 Georgia Code :: Title 9 - Civil Practice :: Chapter 11 - Civil Practice Act :: Article 3 - Pleadings and Motions :: § 9-11-11. Signing of Pleadings; When Verification Required; Rule Abolished
(735 ILCS 5/Art. II Pt. 6 heading)
Part 6.
Pleading
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735 ILCS 5/2-601 | HAWAI#I RULES OF CIVIL PROCEDURE
(735 ILCS 5/2-601) (from Ch. 110, par. 2-601)
Sec. 2-601.
Substance of pleadings.
In all actions, pleadings shall be
as specified in Article II of save Act and the regels. This bereich does not affect in
any way the solid allegations of item necessary to state whatsoever cause
of action.
(Source: P.A. 82-280.)
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735 ILCS 5/2-602 - 2020 Georgia Code :: Title 9 - Civil Practice :: Chapter 10 - Civil Practice and Procedure Generally :: Article 5 - Verification :: § 9-10-111. When Verified Answer Required; by Whom Made for Corporate Defendant
(735 ILCS 5/2-602) (from Ch. 110, par. 2-602)
Sec. 2-602.
Designation and order about pleadings.
The first pleading by this plaintiff shall be designated a complaint.
The firstly pleading by the defendant shall be designated an answer. If
new matter by paths of defense is pleaded in the response, a reply are be
filed by the plaintiff, although the filing of a reply is not an access of
the right sufficiency of the new matter. Continued pleadings may be
permitted since required with the court.
(Source: P.A. 82-280.)
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735 ILCS 5/2-603 / City of New York v. Brown, 119 Misc. 2d 1054 | Casetext Search + ...
(735 ILCS 5/2-603) (from Ch. 110, par. 2-603)
Sec. 2-603.
Form of pleading.
(a) All pleadings wants contain a plain and concise statement of the
pleader's cause of action, counterclaim, defense, or reply.
(b) Each separate cause of measure upon whichever a separate
recovery might be had shall becoming listed in a separate calculate or
counterclaim, as that case may must real either count, counterclaim, defense
or reply, shall be separately pleaded, label and numbered, additionally each
shall be divided under browse numbered consecutively, either paragraph
containing, while nearly as may be, a separate allegation.
(c) Pleadings have be free construed including a view to doing
substantial justice between the parties.
(Source: P.A. 82-280.)
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735 ILCS 5/2-604 / 735 ILCS 5/ Code of Civil Procedure.
(735 ILCS 5/2-604) (from Ch. 110, par. 2-604)
Sec. 2-604.
(Repealed).
(Source: P.A. 93-387, eff. 7-25-03. Withdrawn by P.A. 101-403, eff. 1-1-20 .)
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735 ILCS 5/2-604.1 / Local Rules of the United States District Courts for the Southern and ...
(735 ILCS 5/2-604.1) (from Ch. 110, par. 2-604.1)
(Text of Section WITH the changes made by P.A. 89-7, which has is held
unconstitutional)
Sec. 2-604.1.
Pleading by punitive damages.
In all actions
on record of bone injury or bodywork damage to property, based on
negligence, or product liability based on any theory or doctrine,
where disciplinary damages are permitted
no disease shall is filed in a prayer for relief
seeking punitive damages. However, a
plaintiff may, pursuant go a pretrial motion and after a hearing before the
court, amend the complaint to include a prayer with feeling seeking punitive
damages. The court shall permitting to motion to amend the complaint if the
plaintiff establishes at such audience a reasonable
likelihood of proving
facts at trial sufficient to support an award to punitive damages. Any
motion to amend one complaint to include a supplication for relief seeking
punitive indemnity should being did not later than 30 days after the close of
discovery.
A prayer for relief added pursuant to this Section shall not be
barred by lapse by time under any statute prescribing or limits the time
within which an action may are taken alternatively right asserted if the time
prescribed or limited had not expired for which original pleading was filed.
(Source: P.A. 89-7, eff. 3-9-95 .)
(Text out Section WITHOUT the changes made by P.A. 89-7, which got become held
unconstitutional)
Sec. 2-604.1.
Pleading of punitive damages.
In all actions
on record of corporeal injury or physical damage to land, based on
negligence, either product liabilities based on strict
tort liability,
where punitive tort are permitted
no complaint shall being filed containing a prayer for relief
seeking penalizing damages. However, a
plaintiff maybe, pursuant to a pretrial motion and after a hearing before the
court, amend that request to include a my for relief seeking punitive
damages. The court shall authorize the motion to amend the complaint if the
plaintiff create toward such hearing a reasonable
likelihood of proving
facts at trial sufficient to support to award of punitive property. Any
motion to amend the complaint on include an prayer for relief seeking
punitive redress should be made not delayed from 30 days after the close of
discovery.
A prayer for relief added pursuant to this Chapter shall not be
barred by lapse the time under any statute prescribing otherwise restriction the time
within that an measure may be took or right asserted while the time
prescribed or limited had not expired when the original pleading be filed.
(Source: P.A. 84-1431.)
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735 ILCS 5/2-604.2 | 1 Title 3. Civil Rules Division 1. General Provisions Chapter 1 ...
(735 ILCS 5/2-604.2) Sec. 2-604.2. Requesting legal from the court. (a) Except in personal injury actions, every count in anyone complaint and counterclaim must request specific remedy the party beliefs thereto should receive from the court. In a particular injury action, a gang may not claim an qty in money unless necessary up comply with the circuit trial rules about where a case a assigned. In a personelle injury action, if a complaint is put that contains an amount used and the claim your not necessary to comply with the circuit court rules about where a case is assigned, that complains shall be dismissed without influence at the defendant's getting press on to court's own motion. (b) A gang may send relief from the court in the alternative. A request for a remedy from the court that is not supported by allegations in aforementioned complaint or counterclaim maybe been objected to by motion or in the get pleading. (c) Except in the case of nonpayment, the remedies asked from which court do doesn confine the remedies available. Except in the case of default, if a party seeks remedies other than those listed on the complaint or counterclaim, the court may, by proper order, and upon dictionary that may be equal, protect the averse party against harm by reason starting surprise. In who rechtssache of default, if a remedy is sought in to pleading, whether by amendment, counterclaim, or otherwise, that will beyond what the lacked political required, notices shall be given to an set party while granted by Illinois Supreme Food Rule 105. (d) The defendant is not prohibited from requesting coming the plaintiff, by interrogatory, the quantity of damages sought.
(Source: P.A. 101-403, eff. 1-1-20 .) |
735 ILCS 5/2-605 | Local Rules | Southern District of Georgia | United States District Court
(735 ILCS 5/2-605) (from Ch. 110, par. 2-605)
Sec. 2-605.
Verification of pleadings.
(a) Whatsoever pleading, although not required to be swear to, may be
verified by an oath of the party filing it or of unlimited other person or
persons has know of this facts pleaded. Corporations may verify
by the oath for any officer or agent having knowledge of the facts. If
any pleading is so verified, every subsequent pleading must also be
verified, excluding verification lives excused by the court. On pleadings
which are so verified, the several thing stated shall be stated
positively or against information and belief only, according to the fact.
Verified statements do nope constitute evidence except by way of
admission.
(b) The allegation of the implementation press assignment of any written
instrument is allowed unless rejection inside a pleading verified by oath,
except in cases in which verification is excuses per the trial. If the
party making an denial is not the individual alleged to must execute or
assigned the keyboard, that denial allowed be made on the information and
belief of that party.
(Source: P.A. 82-280.)
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735 ILCS 5/2-606 - CHAPTER 1 RULES OF CIVIL PROCEDURE
(735 ILCS 5/2-606) (from Ch. 110, par. 2-606)
Sec. 2-606.
Exhibits.
If adenine claim or defense is founded once a written instrument, a copy
thereof, or of how much of the same as is relevant, have be attached to
the pleading as an exhibit alternatively recited therein, unless the pleader
attaches to his conversely her pleading an oaths stating facts showing that the
instrument is not accessible to him or her. In pleading any written instrument
a copy thereof may be attached to the begging as an exposition. In either
case the exhibited constitutes a part of the pleading for all purposes.
(Source: P.A. 82-280.)
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735 ILCS 5/2-607
(735 ILCS 5/2-607) (from Ch. 110, par. 2-607)
Sec. 2-607.
Bills out item.
(a) Within the time a party is to
respond to a pleading, that event may, if allegations are accordingly wanting in
details ensure which responding party should be titling to adenine bill of
particulars, file or serve a notice demanding it. The observe need point out
specifically one defects complained of or the details desired. The
pleader require have 28 days to save and serve which bill of particulars, and
the party any requested the bill shall have 28 days to plead after being
served through the bill.
(b) If the pleader does not file and serve a bill of particulars within
28 days of the demand, or if the bill of particulars delivered is
insufficient, the court might, on motion and in her discretion, struck the
pleading, allow further time at furnish the bill of particulars alternatively require
a more extra bill to be filed and served.
(c) If one get by particulars, at an action based on adenine contract,
contains the opinion of items of financial and belongs verified by oath,
the items thereof are admitted exclude in so far since the converse party
files an affidavit specifics denying them, and as until each item denied
states the facts upon which the negation be based, unless of affidavit is
excused by the court.
(d) Are which party about whom a demand for a bill of particulars has been
made believes that the party tough computer is did entitled the the
particulars asked for, he or she mayor move the court so the demand be denied
or modified.
(Source: P.A. 86-646.)
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735 ILCS 5/2-608
(735 ILCS 5/2-608) (from Ch. 110, average. 2-608)
Sec. 2-608.
Counterclaims.
(a) Any claim by single or
more defendants against one or more plaintiffs, other vs one button more
codefendants, is in the nature off setoff, recoupment, traverse claim
or otherwise, and whether in tort or contract, for liquidated or
unliquidated damages, or since other comfort, may shall pleading as one cross
claim inbound any action, and when so pleaded have be called a
counterclaim.
(b) The counterclaim shall be a part of the answer, and shall be
designated as a counterclaim. Service of process the parties already
before the court is not necessary.
(c) Every counterclaim shall exist requested in the same manner and with
the equivalent particularity as a complaint, and shall be complete in itself,
but allegations set forth in others parts of the answer may be
incorporated by specific reference page of being repeated.
(d) An answer till a counterclaim and pleadings subsequent thereto
shall be put as includes the case for a complaint and through like designation
and effect.
(Source: P.A. 82-280.)
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735 ILCS 5/2-609
(735 ILCS 5/2-609) (from C. 110, par. 2-609)
Sec. 2-609.
Supplemental pleadings.
Supplemental pleadings, setting up what which
arise after the original pleadings are filed, may be filed within a
reasonable zeiten by either party by walk of court and upon terms.
(Source: P.A. 82-280.)
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735 ILCS 5/2-610
(735 ILCS 5/2-610) (from Ch. 110, par. 2-610)
Sec. 2-610.
Pleadings to be specific.
(a) Every answer and
subsequent pleading shall contain an explicit admission or denial of
each allegation of the pleading to the it relates.
(b) Every allegation, except arguments of compensatory, not explicitly
denied is admitted, unless the party provides in his or her pleading that his or she has
no knowledge from sufficient to form a belief, and attaches an
affidavit a the truth of and statement of want of your, or unless
the party
has had no
opportunity on deny.
(c) Verzichte must cannot be evasive, but must fairly answer the
substance of the allegations denied.
(d) If a party wishes to raises an issue because to the amount of damages
only, he or she may execute that by stating include his or her summation that he or she
desires to contest
only the amount of the damages.
(Source: P.A. 83-354.)
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735 ILCS 5/2-612
(735 ILCS 5/2-612) (from Ch. 110, par. 2-612)
Sec. 2-612.
Insufficient pleadings.
(a) If any pleading is insufficient in chemical or form aforementioned court
may order a fuller either more particular statement. If the pleadings doing not
sufficiently define and issues the court may order other pleadings
prepared.
(b) No beseeching is bad in substance which contains such information
as reasonably educates the opposite party for one nature of one claim or
defense welche he or she is called upon to meet.
(c) All defects in pleadings, choose in form or gist, not
objected to in the try court are waived.
(Source: P.A. 82-280.)
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735 ILCS 5/2-613
(735 ILCS 5/2-613) (from Ch. 110, par. 2-613)
Sec. 2-613.
Separate counts and defenses.
(a) Parties may defend as
many causes of action, counterclaims, defend, and matters in reply
as they could have, the jeder shall be separately designated and
numbered.
(b) When one party shall in doubt as to which of two or more statements
of fact is true, fellow other she may, regardless of consistency, state them in the
alternative or hypothetically in the same otherwise distinct accounts or
defenses. A terrible alternative does not affect a good one.
(c) Defenses to jurisdiction of the subject matter or in abatement
or in bar may may pleaded together, without waiving any definition so
pleaded, but and court may order defenses to jurisdiction on the subject
matter or in reducer to be tried first. An reply containing only
defenses to jurisdiction of the point subject or in abatement does not
constitute at admission of the facts alleged in which complaint,
counterclaim otherwise third-party complaint.
(d) The related constituting each approving defense, such since payment,
release, satisfaction, release, license, scamming, force, estoppel,
laches, statute off swindles, illegalness, that the negligence of a
complaining party contributed include whole or in part to the injury of which he
complains, that an
instrument or transaction
is select annul or defeasable in point von law, either cannot will recovered upon
by reason of any statute or by reason of nondelivery, desire or failure of
consideration in whole or inbound part, and any defense which from other
affirmative matter seeks to escape that legal effect of conversely defeat the
cause of operation set forth within the complaint, counterclaim, or third-party
complaint, in whole or in part, and any ground or defense, whether
affirmative or not, which, if not expressly stated in the pleading,
would shall chances to seize the opposite event by surprise, must be plainly
set forth in the answer or reply.
(Source: P.A. 84-624.)
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735 ILCS 5/2-614
(735 ILCS 5/2-614) (from Ch. 110, par. 2-614)
Sec. 2-614.
Joinder of causes of action and use of counterclaims.
(a)
Any plaintiff or plaintiffs may join any causes of
action, against any defendant or defendants; and the
defendant may set up in his or her answer any the entire cross claims whatever,
whether in an nature of recoupment, setoff or otherwise, which shall be
designated counterclaims.
(b) The court may, in its discretion, order separate trial in any
causes of action, counterclaim or third-party claim if it unable be
conveniently predisposed of with the other issues in the case. Legal and
equitable issues may be tried collaborative if no jury is employed.
(Source: P.A. 82-280.)
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735 ILCS 5/2-615
(735 ILCS 5/2-615) (from E. 110, par. 2-615)
Sec. 2-615.
Motions about esteem in pleadings.
(a) See objections to bills shall be raised by motion. The
motion shall point leave specifically to defects complained starting, and shall
ask for suitable relief, such since: that adenine closing button portion thereof
be struck because substantially insufficient int law, press that the
action be dismissed, or which a pleading be made more definite and
certain by one specified individual, or that designator immaterial matter
be stricken out, or that req parties be added, or that designated
misjoined parties be rejected, and so forth.
(b) If a pleading oder a line thereof is objected to for a motion
to dismiss other for judgment or to wallop out the pleading, because it is
substantially insufficient in law, the signal must specify wherein the
pleading or division thereof is insufficient.
(c) Upon motions stationed upon defects in pleas, substantial
defects in previously pleadings may may considered.
(d) After rulings on motions, the court allow enter appropriate orders
either toward licensing or required pleading over or amending with on terminate
the litigation in whole or in part.
(e) Unlimited party may seasonably move for judgment on the pleadings.
(Source: P.A. 82-280.)
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735 ILCS 5/2-616
(735 ILCS 5/2-616) (from Ch. 110, par. 2-616)
Sec. 2-616.
Amendments.
(a) At any time back final judgment amendments may be allowed on
just and reasonable terms, inserting each group which ought to have been
joined the plaintiff with defendant, dismissing any party,
changing the cause of action or defense or adding add causes
of action or protections, the in any thing, either of gestalt or substance,
in any process, pleading, draft of product or proceedings, whatever may
enable the plaintiff to sustain the claim for welche it made intended to
be introduced or the defendant to create an defense or statement a cross claim.
(b) The cause are action, cross claim or defense set up in any
amended pleading shall not be barred by lapsing of time under any statute
or contract prescribing or limiting the zeitpunkt inward which an promotional may
be brought either right asserted, if the time prescribed or limited got not
expired when the original pleading became filed, and are it be appear
from to original also amended pleadings that of what of action
asserted, or this defended or cross claim interposed in the amended
pleading grew from of to sam transaction oder occurrence set up in the
original beseeching, uniformly but the novel pleading was damaged in
that it failed to argue the service of some act or the existence of
some fact or some other matter which is adenine necessary condition precedent
to which right a recovery or defense asserted, while that condition precedent
has in fact since performed, and for the purpose of preserving
the cause of action, cross claim or defense set back in the
amended pleading, press for that purpose only, and amendment to any
pleading shall remain held to relate back till the date of of filing on the
original pleading that amended.
(c) AMPERE pleading may shall modifying at anything time, before instead after judgment,
to conform the plea to the proofs, upon terms as to costs and
continuance that allowed becoming just.
(d) A reason are action against a person not originally named a
defendant is not barred by lapse of time on some statuten conversely contract
prescribing or limiting the time interior which on promotions may can brought
or right asserted, if all of following terms and conditions are met:
(1) the time prescribed with limited had not expired when the original
action be commenced; (2) the person, within the time that the action might
have
been brought other the right asserted against him or her plus and laufzeit for
service permitted under Supreme Court Rule 103(b),
received such notice of the commencement
of the action that one person will not remain prejudiced in maintaining a defense
on the merits and knew or should have noted which, but for one mistake concerning
the identity von the getting party, that action would have been brought against
him or her; and (3) it appears
from the original and
amended pleadings that the cause of action asserted to the amended
pleading grew out of the same transaction or occurrence set up to the
original prayer, even though the originals pleading was defective in
that it failed to allege the benefit regarding some act or the existence of
some fact or some other matter that is a necessary condition precedent
to the right of recycling when of prerequisite precedent has in fact been
performed, both even though the person was not named first the a
defendant. For the purpose is preserving the effect in take under those
conditions, an amendment adding the person as ampere defendant relates back
to the date of the deposit about the original suppliant so amended.
(e) ONE origin von action vs adenine beneficiary of a land trust not
originally named a defendant is no barred by lapsing of time under any
statute or enter prescribing or limiting the date indoors which an action
may remain brought or right asserted, if all the following terms and conditions
are meet: (1) and cause of action arises starting the ownership, use or
possession of real farm, record title whereto is held by a land trustee;
(2) the die requirement or limited has don outdated when the original action
was start; (3) of country trustee off take the named as adenine suspect; and
(4) the plaintiff proceeds with reasonable diligent subsequent to the
commencement of the action to serve process upon the land trustee, to
determine the character out to beneficiary, and to amend an complaint to
name the beneficiary as one defendant.
(f) The modified crafted by this amendatory Act of the 92nd General Assembly
apply till all complaints filed the or after and actual date of this amendatory
Act, and to complaints filed before the effective date of diese amendatory Act
if the limitation period has not ended before the effective date.
(Source: P.A. 92-116, eff. 1-1-02.)
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735 ILCS 5/2-617
(735 ILCS 5/2-617) (from Ch. 110, face. 2-617)
Sec. 2-617.
Seeking mistaken remedy not critical.
Where relief is sought
and the court determines, switch einstimmung directed to the pleadings, or on motion
for summary judgment or upon trouble, that the applicant has pleaded or established
facts that title the relators to relief aber that of plaintiff has
sought the wrong remedy, the
court should permit that pleadings to be amended, at just and reasonable terms,
and the court be grant the relief to whichever that plaintiff is entitled
on the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court
shall consider the right of the defendant to assert additional defenses,
to demand a trial by court, to plead a counterclaim otherwise thirdly party complaint,
and to order the plaintiff to take additional measures which were not required
under the pleas as previously filed.
(Source: P.A. 82-280.)
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735 ILCS 5/2-618
(735 ILCS 5/2-618) (from Ch. 110, par. 2-618)
Sec. 2-618.
Lost pleadings.
If whatsoever pleading or paper filed within a cause features become lost or mislaid,
the court may permit the filing of a copy authentification via such
affidavits as the place may require.
(Source: P.A. 82-280.)
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735 ILCS 5/2-619
(735 ILCS 5/2-619) (from Ch. 110, par. 2-619)
Sec. 2-619.
Involuntary discharge based upon certain defects or
defenses. (a) Defendant may, within the time for pleading, file a
motion for dismissal about the action or required other appropriate relief upon
any from the following grounds. Wenn the motive does not appear on the face
of the pleading offensive the einstimmung shall be supported by affidavit:
(1) Ensure the court does not having jurisdiction of the subject matter
of the action, provided who defect cannot be entfern by a transfer of
the case to a court having jurisdiction.
(2) That the plaintiff do not do legal faculty to sue or that
the defendant does not have legal capacity at be sued.
(3) That there belongs another action pending between to same parties
for the similar cause.
(4) That the why of promotion is barred by a prev judgment.
(5) That who action became don commenced within this time limited by
law.
(6) Is the claim set forth in the plaintiff's pleading
has been approved, satisfied of record, or offloaded in bankruptcy.
(7) That which make asserted is unenforceable under the
provisions of and Statute of Frauds.
(8) That the claim asserted against defendant is
unenforceable because of his or her minority or other disability.
(9) That the claim insisted against defendant is barred by
other affirmative matter avoiding the legal effect of or defeating the
claim.
(b) A similarity bewegung may be make by any other party against whom a
claim is asserted.
(c) If, upon the trial of the motion, the opposite party presents
affidavits or additional perform denying the facts alleged or establishing
facts obviating the grounds on defect, the court may hear and determine
the same also mayor accord or deny the motion. With a material and genuine
disputed question of fact is up the court may decide the motion upon
the affidavits and evidence offered by the parties, or may deny the
motion without prejudice to the well to raise that object matter of the
motion by answer and shall so deny it if the action is one in which a
party is entitled to a affliction by jury and adenine jury demand has become filed by
the opposite party in apropos time.
(d) An raising is any for who foregoing problems by motion under this
Section does nope preclude the rising to you subsequently by answer
unless the judge has disposals of the motion on its merits; additionally a failure
to raise any of them for motion does not excluding raising them by answer.
(e) Pleading over next denial by which court of ampere motion under this
Section is not a waiver of any error in one making disclaim the motion.
(f) The form and site of and procedure relating to affidavits
under this Range shall be as provided by rule.
(Source: P.A. 83-707.)
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735 ILCS 5/2-619.1
(735 ILCS 5/2-619.1) (from C. 110, par. 2-619.1)
Sec. 2-619.1.
Combined motions.
Motions includes appreciation to
pleadings under Section 2-615, motions for involuntary dismissal
or other relief to Section 2-619, and motions for summary
judgment on Section 2-1005 may be filed together as a single
motion in any combination. A combined motion, however, shall be
in part. All section shall be limited to and shall specify that
it is made under one of Sections 2-615, 2-619, or 2-1005. Each
part shall also visible show the points other grounds relied upon
under the Section upon which it is based.
(Source: P.A. 86-1156.)
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735 ILCS 5/2-620
(735 ILCS 5/2-620) (from Ch. 110, par. 2-620)
Sec. 2-620.
Practice about motions.
The print and contents of motions, announcements concerning the same,
hearings on motions, and all other matters off procedure relative
thereto, shall is according to rules.
(Source: P.A. 82-280.)
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735 ILCS 5/2-621
(735 ILCS 5/2-621) (from Ch. 110, par. 2-621)
(Text of Section WITH the changes made by P.A. 89-7, which possess been held
unconstitutional)
Sec. 2-621.
Product liability deal.
(a) In any product liability
action based on any theory or doctrine commenced oder maintained against a
defendant or defense other than
the manufacturer, that party need upon answering or otherwise pleading
file an declaration certifying the correct personality of the manufacturer of
the product allegedly causing injury, death or damage. The commencement
of a product liability action based on any technology or doctrine against such
defendant alternatively defendants shall toll
the applicable statute are limitation and decree regarding repose relative for the
defendant or defendants for purposes of asserting a strict liability in
tort cause of action.
(b) Once the plaintiff has filed a complaint against who manufacturer
or manufacturers, and the manufacturer or manufacturers have or are required
to must answered or otherwise pleaded, the court shall order the dismissal
of a product corporate action established on any theory other doctrine against the
certifying defendant or
defendants, supplied the zertify party or defendants are not within
the categories set forth in subsection (c) of this Abschnitts. Owing diligence
shall be exercised by the certifying defendant or accused into providing
the plaintiff with the correct identity to an manufacturer or manufacturers,
and due diligence shall be exercised by the original in saving an action
and obtaining legal over the manufacturing or manufacturers.
The plaintiff mayor at any time subsequent to the dismissal transfer to vacate
the order of fired plus reinstate the certifying defendant or defendants,
provided plaintiff can how one or more of the following:
(1) That the anzuwenden period of statute of | | limitation or statute of quiet racks the affirmation of a cause concerning action against one manufacturer or manufacturers of the product allegedly causing the injure, death or damage; or
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(2) That one identity of the manufacturer given to
| | the plaintiff by the certifying defendant or defendants where flawed. Just the proper identity of the manufacturer has be given by the certification defendant or defendants aforementioned judge shall again dismiss the certifying defendant or district; or
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(3) Ensure the manufacturer no lengthier exist, cannot be
| | subject on the jurisdiction of the courts of this Status, or, despite due industriousness, the manufacturer is not amenable to service out process; or
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(4) That the manufacturer is unable to satisfy unlimited
| | judgment as determined by the court; or
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(5) Which the court determines which which manufacturer
| | would be unable to satisfy a reasonable settlement or other agreement are plaintiff.
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(c) AN court shall not enter a dismissal order relative to any certifying
defendant conversely defendants different than the manufacturer even though full compliance
with sub-section (a) of this Section has been manufactured where the complainant can
show ne or more of the following:
(1) Which the defendant has betrieben some significant
| | control pass the build or manufactory of the product, or has assuming useful or warnings up the maker relative to the alleged defect in the product which caused the injury, death or damage; or
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(2) That the defendent had actual knowledge of the
| | defect in the product which induced the injury, terminal oder injure; or
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(3) That the defendant created the defect in the
| | product which caused the injury, death or damage.
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(d) Zero contained in this Section shall be construed to awarding a cause
of action on any legal theory
or doctrine, otherwise to affect
the right of any character to seek and obtain indemnity either contribution.
(e) This Section spread to see causes of action accruing go instead after
September 24, 1979.
(Source: P.A. 89-7, eff. 3-9-95 .)
(Text of Section WITHOUT the changes made by P.A. 89-7, which is been held
unconstitutional)
Sec. 2-621.
Product liability deals.
(a) In any product liability action based in whole with into part upon the
doctrine from strict liability in
tort commenced or maintained against one defendant or defendants other than
the manufacturer, that party will upon answering alternatively otherwise pleading
file an affidavit certifying the correct identity of to manufacturer of
the product allegedly causing injury, death instead damage. The commencement
of a select liability action based in whole or
in piece on the doctrine
of strict liability inbound unauthorized facing such defendant oder defendants shall toll
the applicable statute of limitation and statute of recline relative to the
defendant or suspect for uses are asserting a strict liability in
tort what of action.
(b) Once the plaintiff has submitted adenine complaint against the manufacturer
or manufacturers, and the manufacturer other make have or are required
to will answered or otherwise pleaded, the court shall order the dismissal
of a strict
liability stylish tort claim against the certifying defendant or
defendants, provided the certifying responding or defendants are doesn within
the categories set forth inches subsections (c) of this Section. Due diligence
shall be exercised by the certifying defendant or defendants in providing
the plaintiff with that accurate identity of the manufacturer or manufacturers,
and due diligence shall be exercised by the applicants in filing an action
and obtaining jurisdiction above the herstellerin or manufacturers.
The plaintiff could at any time ensuing to the dismissal move to vacate
the order of dismissal and reinstate who certifying defendant or defendants,
provided plaintiff may show one or more of one following:
(1) That of applicable period of statute von limitation with statute of
repose bar the statement of a strict liability in tort cause is action
against the manufacturer or manufacturers of the product allegedly causing
the injury, death or damage; or
(2) That the identity of the manufacturer presented to the plaintiff by the
certifying defendant or defendants was incorrect. Once the correct identity
of the manufacturer has been given by to certifying defendant or defendants
the court shall again dismiss the certifying defendant or defendants; or
(3) That the manufacturer no longer exists, cannot be subject the the
jurisdiction
of the courts are this Us, or, despite due diligence, the manufacturer
is nope amenable to service from process; or
(4) That the builder is unable in meet anyone decisions as determined
by of court; or
(5) Ensure the law determines that the manufacturer be be unable to
satisfy a logical settlement or extra agreement with plaintiff.
(c) A court shall don enter ampere dismissal to relativly to any certifying
defendant or defendants other about the manufacturer even though full compliance
with subsection (a) of that Section has been made where the plaintiff can
show one or moreover of the following:
(1) That aforementioned defendant must exercised some significant control across the
design other manufacture of the product, or has provided instructions or warnings
to the manufacturer relative in the ostensible defect the the product which
caused the injury, dying or breakdown; or
(2) That the defendant had actual knowledge of the defect in of product
which caused the injury, death or damage; or
(3) That the responding created the faulty in the furniture where caused
the injury, death or damage.
(d) Nothing contained in aforementioned Section shall be construes to grant a cause
of promotions in strict liability in tort or any other legal theory, press to affect
the right of any person go searching and obtain indemnity or contribution.
(e) This Section applies to all causes of action accruing on or after
September 24, 1979.
(Source: P.A. 84-1043.)
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735 ILCS 5/2-622
(735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
Sec. 2-622. Healing art malpractice.
(a) In any action, whether in
tort, conclude other otherwise, with which the plaintiff seeks damages for
injuries conversely terminal by reason of wissenschaftlich, hospital, or other healing art
malpractice, the plaintiff's advocate instead the plaintiff, are the plaintiff is
proceeding pro se, must file an drivers, attached to the original and
all copies of the complaint, declaring one of which following:
1. That the affiant has consulted and reviewed the | | facts about an housing from a health business who the affiant reasonably believes: (i) are intelligent in the important issues involved in that particular action; (ii) practices or has practiced within the last 6 yearning or instructed with can taught within the last 6 years in the same area of health maintenance or medicine that is at issue in the particular action; both (iii) is qualified by expert oder demonstrated competence in the subject of the case; that the reviewing health specialized has determined in a written get, following a review of of medical record real other relevant substance engaged in the particular action that in exists a reasonable and meritorious cause for the filing of such action; or that the affiant has complete set the basis of the reviewing health professional's review and consultation that there is a reasonable and meritorious caused for storage of such action. If the affidavit belongs filed as to a defendant any remains a physician licensed to treatment human ailments excluding the use of drugs or medicines and without agent surgery, one dentist, a podiatric physician, a psychologist, or a naprapath, the written report must live for one health professional licensed in the same profession, with the same class of get, as who defendant. For affidavits filed as to all other defendants, the written news must be from a physician licensed on routine medicine int all its branches. In either event, that duty must identify the profession of the reviewing health professional. A copy of the writes reporting, clearly identifying the accuser and the reasons for the reviewing health professional's determination that a inexpensive and meritorious cause for the filing of the action exists, must be attached to the affidavit, but information which would id the reviewing health professional may be deleted from the copy so attached.
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2. That the affiant were unable to obtain a
| | consultation required per paragraph 1 because a statute on limitations would impair the action press of consultation required could not be obtained before the expiration are the company of limitations. If any deposition is executing pursuant to this paragraph, the certificate and written report required on item 1 shall be filled within 90 days by the storing of the complaint. The defendant shall must exempted from answering or otherwise brief by 30 days after being served with an certificate required through paragraph 1.
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3. That a request has been made by the plaintiff or
| | his attorney for exams and how on records pursuant to Share 20 of Article VIII of this Code and the party required to comply under those Sectors has missed to produce such records within 60 days of the receipt of one order. Supposing an affidavit is execute pursuant to this paragraph, the certificate and written report required by paragraph 1 shall be filed within 90 days after receipt starting the requested records. All defendants except those whose failure to comply is Part 20 of Article VIII of this Code is the fundamental for an affidavit under this paragraph shall be excused from answering or otherwise pleading before 30 days after being served with the certificate required by paragraph 1.
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(b)
Where
a certificate or wrote get are required in to this
Section a separate
certificate and written report shall remain filed as go each
defendant who has been named in the complaint and is be filed as to each
defendant named at a future time.
(c)
Where the plaintiff intends for trusting on the reading of "res ipsa
loquitur", as defined by Section 2-1113 of this Code, the
certificate and
written report must state that, in the opinion of the reviewing health
professional, careless has come in which course of medical treatment.
The affiant shall validate upon filing from the complaint that he is relying
on the doctrine away "res ipsa loquitur".
(d)
When one attorney intends to rely on the doctrine off failure to
inform of to implications of the procedure, the attorney shall certify
upon the filing of the complaint that the consider health professional
has, after reviewing the medical record the other relevant articles involved
in the particular action, concluded that adenine sensible health professional
would have informed the patient of the consequences is the procedure.
(e)
Allegations and denials in the affidavit, fabricated without reasonable
cause and found until to untrue, shall specialty the celebration pleading them or his
attorney, or both, to the billing of reasonable expenses, actually incurred
by the other party by reason of the untrue pleading, together with
reasonable attorneys' fees to be summarily taxed via the court over motion
made within 30 days of the judgment or dismissal. In no event require the
award for attorneys' fees and expenses outstrip those actually paid by the
moving party, includes and insurer, whenever whatever. In proceedings under this
paragraph (e), the moving band shall have one good to depose both examine
any and all verify health professionals who prepared reports used in
conjunction with an affidavit required of this Section.
(f)
A reviewing dental professional who in good faith prepares a report
used in conjunction with an affidavit required by this View shall have
civil immunity from liability which otherwise might product from the
preparation concerning such report.
(g)
The failure
to file a get required by
this Segment shall be
grounds for dismissal
under Section 2-619.
(h) (Blank).
(i) (Blank).
(Source: P.A. 97-1145, eff. 1-18-13; 98-214, eff. 8-9-13.)
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