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 Amended Complaint

 

 Circuit Court of Illinois
 Cook County

 

Before Final Judgment

Amendment to Conform to Proof -- Before or After Judgment

A pleading may be amended at any time, before or after judgment, to conform the pleadings to the more...

Consideration of Amendment at Case Management Conference

Amendments to the pleadings must be considered at the Case Management Conference. . more...

Just and Reasonable Terms -- Leave of Court Required

Amendments to pleadings may be allowed on just and reasonable terms. . There is no right to amendment without leave of court as exists under the Federal Rules of Civil more...

Types of Permissible Amendment

Amendments may be allowed introducing any party who ought to have been joined as plaintiff or defendant, dismissing more...

Before Final Judgment

Before final judgment, amendments may be allowed on just and reasonable terms. . more...

Amendment to Conform to Proof

An amendment to conform to proof may be made upon terms as to costs and continuance that may more...

Misnomer of Party

Misnomer of a party is not a ground for dismissal but the name of any party may be more...

Before or After Summary Judgment

Before or after the entry of a summary judgment, the court shall permit pleadings to be amended upon more...

Wrong Remedy Sought in Civil Action

Where relief is sought and the court determines, on motion directed to the pleadings, or on motion for more...

Wrong Remedy Sought in Attachment Action

Where relief is sought in an action for attachment and the court determines, on motion directed to the more...

Relation Back

Same Transaction or Occurrence

The cause of action, cross claim or defense set up in any amended pleading shall not be barred more...

Claim Against New Party

A cause of action against a person not originally named a defendant is not barred by lapse of more...

Action Against Beneficiary of Land Trust

A cause of action against a beneficiary of a land trust not originally named a defendant is not more...

Prior Pleadings Generally Superseded

It is accepted practice that prior pleadings are superseded by amended pleadings. more...

Order and Type of Pleadings

The first pleading by the plaintiff shall be designated a complaint. The first pleading by the defendant shall more...

Identify All Parties

The body of a pleading must set forth the names of all parties for and against whom relief more...

Misnomer

Misnaming a party is not grounds for dismissal, but on motion and on any terms and proof the more...

Fictitious Names

Upon application and for good cause, the pleading may list parties under fictitious names. . more...

Unknown Interested Parties

Interested parties whose names are unknown may be made parties to the action by the name and description more...

Respondents in Discovery

A plaintiff may designate any person or entity as a respondent in discovery if the plaintiff believes that more...

Must Respond to Discovery

Respondents in discovery are required to respond to discovery by the plaintiff "in the same manner as are more...

May Be Made Defendants

A respondent in discovery may be made a defendant either on the motion of the plaintiff or on more...

Joinder

Plaintiffs

All persons may join in one action as plaintiffs, in whom any right to relief in respect of more...

Defendants

Any person may be made a defendant who, either jointly, severally or in the alternative, is alleged to more...

Misjoinder

No action shall be dismissed for misjoinder of parties, or dismissed for nonjoinder of necessary parties without first affording more...

Interpleader

Persons having claims against the plaintiff arising out of the same or related subject matter may be joined more...

Causes of Action

Fact Pleading

All pleadings must contain a "plain and concise statement of the pleader's cause of action, counterclaim, defense, or more...

Numbering and Identification

A party may plead as many causes of action, counterclaims, defenses, and matters in reply as he or more...

Pleading in the Alternative

When a party is in doubt as to which of two or more statements of fact is true, more...

Incorporation By Reference

Facts that are adequately stated in one part of a pleading may be incorporated by reference (rather than more...

Pleadings in Equity

Single Equitable Cause of Action

Matters within the jurisdiction of a court of equity, whether directly or as an incident to other matters more...

Joinder of Legal and Equitable Matters

When actions at law and in chancery that may be prosecuted separately are joined, the party joining the more...

Inform Opposing Party of Claim or Defense

No pleading is insufficient if it contains such information as would reasonably inform the opposite party of the more...

Attaching Written Instruments as Exhibits

In pleading any written instrument, the pleader may attach a copy of the instrument as an exhibit. more...

Verification

Unless specifically required by statute or local rule, pleadings need not be verified. . However, any party may choose to verify his or her pleading. more...

Jury Demand

A claimant who wants trial by jury must file a jury demand at the time his or her more...

Prayer for Relief

Every count in every pleading that seeks relief must contain a specific prayer for the relief sought. more...

Personal Injury Claims

For personal injury claims, the prayer may only request the minimum amount required by the circuit rules for more...

Punitive Damages

In any action based on more...

1. Bodily injury or physical damage to property based on negligence; or more...

2. Product liability based on strict tort liability, more...

where punitive damages are permitted, "no complaint shall be filed containing a prayer for relief seeking punitive damages." more...

Supplemental Pleadings

Supplemental pleadings setting forth matters that arise after the original pleadings are filed may be filed within a more...

Class Action Allegations

Rules regarding class actions are found at . more...

Breach of Statutory Duty

A pleading that alleges a breach of statutory duty must cite the relevant statute in connection with the more...

Judgment, Order, or Decision

When a pleading alleges the existence of a judgment, order, or decision of a state or federal court, more...

Pleading a Condition Precedent

When a pleading alleges the performance of a condition precedent, it is sufficient to allege generally that the more...

Denying Allegation Re: Condition Precedent

In order to deny a pleader's allegation that he or she performed all conditions, the responding party must more...

Pleading Equitable Matters

Matters within the jurisdiction of a court of equity, or that a court of equity may hear in more...

Joinder of Legal and Equitable Matters

When actions at law and in chancery that may be prosecuted separately are joined, the party joining the more...

Caption

Title

Every pleading must be "entitled in the court and cause," and the "plaintiff's name shall be placed first." more...

Names of Parties

In a case with more than one plaintiff or more than one defendant, every (except the summons) may name only the first plaintiff and the first defendant in the caption, with an more...

Designation of Circuit Court Division

The caption of every pleading initiating a civil action or proceeding must include the words "at law," "in more...

Local Rule -- Cook County Caption

All papers filed with the Circuit Court of Cook County must contain in the caption the words "IN more...

Cook County G.O. 6.1 (). more...

Local Rule -- Cook County Chancery Division Caption

Every complaint or other paper commencing an action in the Chancery Division must designate in the caption below more...

1. If the case is to be maintained as a class action, the words "Class Action" should appear regardless more...

2. If the complaint seeks injunctive relief, the words "Injunction/Temporary Restraining Order" should appear regardless of any other relief sought more...

3. If the complaint seeks the foreclosure of a mortgage, the words "Mortgage Foreclosure" should appear except as provided more...

4. If the complaint seeks a change of name, it must bear the words "Change of Name" except as more...

5. If the Complaint seeks a review of the decision of an administrative body or agency, the words "Administrative more...

6. If the complaint seeks a declaratory judgment, the words "Declaratory Judgment" must appear except as provided in subsections (1), more...

7. If the complaint seeks to foreclose a mechanic's lien, it should bear the words "Mechanic's Lien" except as more...

8. All other actions not specified in subsections (1)-(7) above shall have the word "General" below the words "In more...

Cook County G.O. 3.5 (). more...

Forms for various types of complaints are available on the Clerk of the Cook County Circuit Court website more...

Name and Address of Responsible Party

All filed in the cause or served on an opposing party must bear the name and business address and more...

Indicate If Service Permitted by Fax

If service by facsimile is permitted for the case, and the party filing the will accept facsimile service, the more...

Signature

Every pleading, motion, or other paper must be signed by at least one attorney of record, and the more...

By signing a paper, the signer certifies: more...

1. That he or she has read the ; more...

2. That, to the best of his or her knowledge and belief, the is well grounded in fact and warranted by existing law or a good faith argument for the extension, more...

3. That the is not interposed for any improper purpose, such as harassment, delay, or needless increase in litigation costs. more...

The Court may impose sanctions against anyone who signs a document in violation of any of these requirements. more...

Additional Formatting Requirements

Cook County SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

New Parties

Service of process on parties already before the court is not necessary. . Parties not already before the court must receive service of process. more...

Form summons are available on the Clerk of the Cook County Circuit Court website at: . more...

Notice of Claim of Unconstitutionality

In any cause or proceeding in which the constitutionality or preemption by federal law of a statute, ordinance, more...

Contents and Time for Filing Notice

The notice shall identify the particular statute, ordinance, regulation, or other law, and shall briefly describe the nature more...

Local Rule -- Appearance

An attorney must file his appearance before he addresses the court unless he is presenting a motion for more...

Local Rule -- Statement of Insurance

If an attorney files his or her appearance for any party on behalf of an insurance company or more...

Supporting Affidavit Required for Medical Malpractice Claims

In any action for "medical, hospital, or other healing art malpractice," the plaintiff must file a supporting affidavit. more...

Oath Required for Assignment/Subrogation Claims

In claims based on assignment/subrogation, the assignee-owner of the claim may sue in his or her own name. more...

Filing

Electronic Filing and Service Pilot Program

The Cook County Clerk of Courts shall accept electronic filing only in cases to be heard in the more...

Civil eFiling will begin as soon as is practical. more...

Method

Cook County SmartRules procedural guide: FILING DOCUMENTS. more...

File in Room 801

Amended complaints are filed in Room 801. . (This instruction appears in a subsection of Rule 3.1 entitled "NOTE" that clarifies that filing a motion for more...

Certificate of Service

All pleadings other than the complaint, all written motions, and all other required to be filed must be filed with a certificate of service. more...

Cook County Filing Fees

The schedule of Cook County filing fees is available online at: . more...

Appearance Fees

If a single appearance is entered for several parties, a single appearance fee shall be paid. If separate more...

No Fee for Supplementary Proceedings

No appearance fee will be required of a person cited in supplementary proceedings under the provision of Civil more...

Service

Service on New Parties

Cook County SmartRules procedural guide: SERVICE OF PROCESS. more...

Service on Existing Parties

Cook County SmartRules procedural guide: SERVICE OF PAPERS. more...

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