It shall be called a counterclaim. The counterclaim shall be part of the answer. Supreme Court Rules No answer is required unless ordered by the court. Rule a. For eviction actions, no answer is required unless ordered by the court. Rule b 2. A complaint may be dismissed because it is defective or due to some defense. The defects or defenses may be:. If the defective grounds do not appear on the face of the pleading attacked, the motion must be supported by affidavit.
Code of Civil Procedure is allowed without leave of Court. A complaint may also be objected to if the pleading itself is defective. Examples of defective pleadings include:. The motion must point out the specific defects.
The relief sought must be stated, such as striking the pleading or a portion of a pleading or dismissing the complaint. The court may permit or require pleading over or may allow the plaintiff to amend its complaint, or the court may terminate the litigation in whole or in part.
Other pleadings besides complaints may be subject to Section Motions to Dismiss, for example, answers, affirmative defenses, and counterclaims. Supreme Court Rules A section Motion to Dismiss would not be allowed unless leave of court permitted it.
After the defendant has appeared or after the time for the defendant has appeared has expired, the plaintiff may ask the court to enter summary judgment , sometimes called judgment on the pleadings, by showing there is no genuine issue of material fact and therefore the plaintiff is entitled to judgment as a matter of law. The plaintiff may seek this relief as to some or all of its claims. A defendant may also, at any time, move for a judgment in his favor as to all or any part of the relief sought.
See also Ill. Also, the name, address, email address, and telephone number of the attorneys of record are necessary. All pleadings shall be signed and addressed by a party or an attorney representing the party. Signatures indicate that the pleading has been made in good faith and that the pleading is not designed for any improper purpose. Abuse of this rule is grounds for court sanctions. The addition of part e to Ill.
The pro se litigant signs their pleading. The attorney may also rely on the self-represented person's representation of facts without further investigation by the attorney unless the attorney knows that such representations are false. Rule e. If there is a limited scope appearance by an attorney, then all papers must be served on both that attorney and the party until either the attorney has withdrawn or the attorney's appearance automatically terminates under Ill.
Rule 13c7ii. Rule 11e. Pleadings other than the complaint can be served on the attorney of record or the opposing party by personal delivery or by first class mail, postage prepaid.
Service may also be by fax and e-mail. Rule 11b5 and 11b6 respectively. The listing of a designated e-mail address on documents or the use of e-mail service shall be deemed consent by that party or attorney to receive email service.
Service by email may be rescinded. Rule 11b6. Pleadings must be served on all parties of record. When service of a paper is required, proof of service shall be filed with the clerk. See generally Ill. Interrogatories are written questions propounded by one party and required to be answered by another party. Only 30 interrogatories are allowed, including sub-parts, unless the parties agree otherwise or the court grants leave for more. All parties entitled to notice must be served with copies of the interrogatories.
The Ill. Supreme Court has approved interrogatories for certain types of cases, and litigants are encouraged to use them when possible. These include:. A party receiving interrogatories has 28 days to answer or object. Any party may request that another party produce documents, objects, or tangible things, or to permit access to real estate for the purpose of making inspections or surveys, or to disclose information calculated to lead to the discovery of the whereabouts of any of these items, whenever the nature, contents, or condition of such documents, objects, tangible things, or real estate is relevant to the subject matter of the action.
The party propounding the request shall include the time when the responses shall be due, but not less than 28 days. The party receiving the request must produce the documents for copying in the fashion they are normally kept. All parties entitled to notice must be served with a copy of any request served. An amendment effective July 1, permits parties to specify the form for producing electronically stored information.
If the request does not specify the form of electronically stored information, a party may produce it in a form in which it is ordinarily maintained or in a reasonably usable form. A party may serve a request that another party admits certain relevant facts are true or that certain relevant documents are genuine. The party receiving the request must admit or deny by sworn statement or object within 28 days of receiving the request, or the request will be deemed true.
Only 30 requests are allowed, including sub-parts, unless the parties agree otherwise or the Court grants leave for more. Rule and Depositions are generally the oral examination of a person for discovery. Depositions may also be taken for purposes of evidence for trial. If a deposition is noticed and it is not stated whether it is for discovery or evidence, it will be considered a discovery deposition.
Depositions may not last longer than 3 hours, except by stipulation or good cause is shown. Rule d. Depositions may be recorded or taken remotely and electronically.
Sup Ct. Rule h and g. The party taking the deposition shall pay the fees related to taking the deposition. A deposition of a party is set by notice, and deposition of a non-party is set by subpoena. The parties must use reasonable efforts to resolve disputes over discovery, and only after counsel responsible for trial indicates that after personal contact with the opposing side that the dispute s cannot be resolved, may the parties seek redress from the court.
Rule k. Discovery is generally not filed with the court but maybe if required by local rules or by court order. If an affidavit is executed pursuant to this paragraph, the certificate and written report required by paragraph 1 shall be filed within 90 days after the filing of the complaint.
The defendant shall be excused from answering or otherwise pleading until 30 days after being served with a certificate required by paragraph 1. That a request has been made by the plaintiff or. If an affidavit is executed pursuant to this paragraph, the certificate and written report required by paragraph 1 shall be filed within 90 days following receipt of the requested records. All defendants except those whose failure to comply with Part 20 of Article VIII of this Code is the basis for an affidavit under this paragraph shall be excused from answering or otherwise pleading until 30 days after being served with the certificate required by paragraph 1.
However, you will not go to jail or get fines if you do not respond. An Appearance tells the court and the plaintiff that you know about the lawsuit filed against you. It is a formal statement that you are going to participate in the court proceedings. Appearances can be held in person or remotely. An Answer responds to the plaintiff's Complaint. The Complaint lists the plaintiff's reasons for suing you. The Answer responds to each reason.
You do not have to file an Answer unless the judge tells you to if:. If you are required to file an Answer , and you do not, the judge will find you in default and may decide in favor of the other party. Fill out your Answer and Appearance. In your Answer , you must respond to each numbered statement in the Complaint. You must:. If you pick the last option, you must also attach an Affidavit saying that you do not know if the statements indicated are true.
You do not have to give only one response for each numbered paragraph in the plaintiff's Complaint. You can admit to parts of the paragraph and deny others. The Answer is also the document where you can argue affirmative defenses. An affirmative defense is an argument that you make that is a reason the plaintiff should not win the case. For example, a person has a certain amount of time after something happens to file a lawsuit.
This is called a statute of limitations. If the plaintiff files a lawsuit after the statute of limitations ran out for their case, you would include this in your Answer as an affirmative defense. The Answer is also where you include any counterclaims. Counterclaims are legal claims that you have against the plaintiff about the issues in the case. For example, say someone sues you for damage to their car from an accident you were in.
You could file a counterclaim against them if you think that they were at fault and owe you money instead. After you e-file your Answer and Appearance , you must serve the documents on the plaintiff. This means sending them a copy. If the plaintiff has a lawyer , you must serve the lawyer instead. Service is usually required to be done electronically by:. If the plaintiff doesn't have an attorney or an email address, you can also send the documents by mail, or hand deliver them.
After you serve the documents, you must file a Proof of Delivery with the circuit clerk. Sometimes a defendant will want to file a Motion before filing an Answer. For example, if you have a legal reason to challenge the way the Summons and Complaint were delivered to you, you would file a Motion to Quash Service.
Or if you had a legal reason to have the Complaint dismissed , you would file a Motion to Dismiss. A Summons will usually tell you when you need to come to court. It will be called an "appearance filing date" or " return date. If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. After you file your Appearance , you will then need to file an Answer.
You may want to talk to a lawyer before filing. You can get reasonable accommodations to have your court appearance via phone or video. There are 2 ways to have a civil trial :.
0コメント