Abstract
This Article explores common civil pretrial motions in Illinois, primarily substantive motions under sections 2-615, 2-619, and 2-1005 of the Code of Civil Procedure. It briefly addresses procedural motions, ethical aspects of motion practice, and how to draft and respond to a motion. It relies on recent case law to articulate the distinctions between the substantive motions and provide the practitioner with an up-to-date understanding. Examples are used to explain the various distinctions and what motion is appropriate in certain circumstances. A section 2-615 motion is used to challenge the legal sufficiency of the complaint. A section 2-619 motion is used to argue that the complaint is barred by an outside matter, not to contest the complaint’s factual allegations. A section 2-1005 summary judgment motion is used to argue that no genuine issue of material fact exists and other fact-based arguments. The Article discusses Illinois Supreme Court Rule 191 affidavits, how to attack an affidavit for failing to comply with the rule, and when affidavits are used to support section 2-619 and 2-1005 motions.
Recommended Citation
Steve L. Dellinger,
The Art of Motions: Understanding Illinois Civil Pretrial Motions,
38
S. Ill. U. L.J.
183
(2014).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol38/iss2/1