#GROUNDS FOR A MOTION TO DISMISS CODE#
#GROUNDS FOR A MOTION TO DISMISS TRIAL#

The motion does not test whether there is any evidence to support the pleadings, rather whether the pleadings present a material issue of fact. A 2-615 motion for judgment on the pleadings requires a determination of whether the pleadings disclose any material issue of fact and, if not, whether the moving party is entitled to judgment as matter of law. Where a court can determine the relative rights of the parties in the subject matter solely from the pleadings, a motion for judgment on the pleadings is proper. Peoples Gas Light & Coke Co., 197 N.E.2d 73 (l st Dist., 1964).Ī motion for judgment on the pleadings may be used by either party. Here the court has a right to consider both the complaint and the answer. A motion for judgment on the pleadings is generally made after the issues have been settled by the pleading phase of litigation and prior to any discovery. on the pleadings, is another exception to the general rule of filing a pre-answer 2-615 motion.

The sixth basis, a 2-615 motion for judgment. However, 2-615 may be used by either party to attack any defects appearing on the face of any pleading, 2-615 is not limited to attacking complaints, and 2-615 may be used to attack defective answers, counterclaims or cross-claims. Under the first five bases the moving party is ordinarily the defendant. Mere allegations of legal conclusions are insufficient and need not be accepted by the court. In determining the legal sufficiency of the complaint, all well-pleaded facts are taken as true and interpreted in the light most favorable to the plaintiff. The moving party must establish that there exists no set of facts that can be proven under the pleadings that would entitle plaintiff to relief. This allows the moving party more flexibility concerning the timely filing of the motion.

#GROUNDS FOR A MOTION TO DISMISS TRIAL#

This basis for dismissal cannot be waived at the trial level and may be raised for the first time on appeal. The fifth basis for a 2-615 motion, failure to state a claim on which relief may be granted, may be raised at any time, either before or after judgment. If the moving party wishes to stand on his motion, he must submit to a default or summary judgment to preserve his right to appeal the ruling on the motion. Where a 2-615 motion is denied, the ruling of denial is not a final and appealable order. Where a 2-615 motion is granted, and the pleader is given leave to amend, filing an amended pleading waives any objection to the ruling on the former pleading. The most appropriate time to file a 2-615 motion is within the 30-day period. As a general rule, answering the complaint waives all objections to formal defects in the pleading. Although such 2-615 motions may serve to alert the pleader to the defect, they are encouraged because they help to clarify the triable issues and identify the parties.Īny 2-615 motion directed to formal defects in a complaint should be filed before the answer. Under the first four bases, the formal defects are generally remedied by amending the pleading.

pleadings entitle the moving party to judgment.

pleadings fail to state a claim upon which relief may be granted and.

pleading fails to allege essential elements in the cause of action.

necessary parties be added, or misjoined parties be dismissed.

designated immaterial matter be stricken.

pleading be made more definite and certain.

There are six common bases for attacking pleadings under 2-615: The second requirement is the motion must ask for the appropriate relief. The first requirement is the motion must specifically point out the defect complained of. The 2-615 motions attack defects appearing on the face of the pleadings. This article will outline the practice and procedure under each section and illustrate methods for using each to its fullest potential. Each section functions to attack pleadings in civil cases. These two sections provide similar yet distinct avenues for dispositive pre-trial motions.

#GROUNDS FOR A MOTION TO DISMISS CODE#

Perhaps no other area in civil procedure creates more difficulty and confusion than Sections 2-615 and 2-619 of the Illinois Code of Civil Procedure.

Grounds for a motion to dismiss