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RELATED DOCUMENTS:
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit


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 Motion to Dismiss

 

 Circuit Court of Illinois
 Cook County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Motion to Dismiss for Lack of Personal Jurisdiction

A motion to dismiss for lack of personal jurisdiction (or a motion to quash service) must be filed more...   

Waiver

If the objecting party files a responsive pleading or a motion (other than a motion for an extension more...

Motion For Involuntary Dismissal

Within the time for pleading, defendant may file a motion for involuntary dismissal. . (See Rules & Requirements Section for potential grounds for motion.) more...

Motion Based on Doctrine of Forum Non Conveniens

A motion to dismiss or transfer the action under the doctrine of forum non conveniens must be filed more...

Court May Set Deadline for Dispositive Motions

Motions for summary judgment under section 2-1005 of the Code of Civil Procedure and motions for involuntary dismissal more...

Motions Attacking the Complaint

The deadline for filing a motion attacking the complaint depends on the deadline contained in the summons. more...

If Summons Requires Appearance Within Thirty (30) Days

If the summons requires an appearance within thirty (30) days, the deadline for filing a motion attacking the more...

If Summons Requires Appearance on a Specified Day

In an action for money damages, if the summons requires appearance on a specified day, the defendant can more...

Motions Attacking Pleading Other Than the Complaint

A motion attacking a pleading other than the complaint must be filed within twenty-one (21) days after the more...

Local Rule -- Appearance Without Summons

A party who appears without having been served with summons is required to plead within the same time more...

Extensions and Deadlines -- Illinois Supreme Court Rules

Extensions of Time

When good cause is shown, the court may grant any party additional time for filing or other required more...

Filing Deadline Not Deadline For Hearing

No provision in these rules or in the Civil Practice Law prescribing a period for filing a motion more...

 Cook County Motion Practice

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judges have their own calendars, and certain judges have issued standing orders and forms for more...

File Motion and Motion Slip

To get on the "regular motion call", the moving party must complete a "motion slip" and present the more...

Service of Motion

In practice, the motion, along with the notice of filing and notice of hearing, are usually mailed to more...

The Cook County Circuit Court Rules provide that the certificate of service and a copy of the motion more...

Memorandum In Support of Motion

In practice, there is often very little written briefing of motions, unless and until, at the initial hearing, more...

The Cook County Circuit Court Rules provide that, for non-discovery motions, the moving party may serve on all more...

Opposition and Reply Papers

In practice, no opposition or reply briefs are usually filed unless the judge sets a briefing schedule at more...

The Cook County Circuit Court Rules provide that, an opposing party "may serve an answering memorandum within twenty-eight more...

Failure To File Supporting or Answering Memoranda

Failure to file a supporting or answering memorandum shall not be deemed to be a waiver of the more...

Notice of Hearing

The moving party must serve a written notice of hearing of the motion. .In practice, the notice of hearing (along with the motion and notice of filing) is usually served by more...

The Cook County Circuit Court Rules provide that if notice is personally served, the notice shall be delivered more...

Hearing Must Occur Within Ninety (90) Days of Filing the Motion

A hearing on any filed motion must be heard within ninety (90) days of the filing or the more...

Moving Party Must File All Relevant Papers With Judge at Least Three (3) Days Before Hearing

The moving party must file copies of all memoranda and relevant pleadings with the judge assigned to hear more...

Judge May Rule on Motion or Enter Briefing Schedule at Hearing

It is settled practice in Cook County for the judge to rule on a motion (other than dispositive more...

 Rules & Requirements

Local Rule -- Forum Non Conveniens and Other Venue Motions

Motions based on the doctrine of forum non conveniens or motions objecting venue under . should be brought more...

Motions Attacking Pleadings

All objections to a pleading must be raised by motion.A motion attacking a pleading must point out specifically the defects alleged and it must request appropriate relief more...

.

Legal Insufficiencies Must Be Specified

If a motion attacking a pleading is based on an allegation that the pleading is substantially insufficient in more...

Court May Consider Prior Pleadings

The Court may consider insufficiencies in prior pleadings in the action in ruling on a motion attacking a more...

Insufficient Pleadings

More Particular Statement

If any pleading is insufficient in substance or form the court may order a fuller or more particular more...

Pleading Must "Reasonably Inform"

No pleading is bad in substance which contains such information as reasonably informs the opposite party of the more...

Objections Must Be Brought in Trial Court

All defects in pleadings, either in form or substance, not objected to in the trial court are waived. more...

Involuntary Dismissal

A defendant, or any other party (735 ILCS 5/2-619(b)), may file a motion for dismissal of the action more...

Certain Motions Must Be Supported By Affidavit

If the grounds for attacking a pleading do not appear on the face of the pleading, the motion more...

Resolving Competing Affidavits

If, upon the hearing of the motion, the opposing party presents affidavits or other proof denying the facts more...

.

No Preclusive Effect

Raising any of matter in a motion for involuntary dismissal does not preclude a defendant from subsequently raising more...

Pleading Over

Pleading over after denial by the court of a motion under this Section is not a waiver of more...

Effect of Order of Involuntary Dismissal

Unless the order of dismissal or a statute otherwise specifies, involuntary dismissals other than those for lack of more...

Lack of Personal Jurisdiction

A party may file a motion objecting to the court's jurisdiction over the party's person, either on the more...

Supported by Affidavits

Unless the facts that constitute the basis for an objection to personal jurisdiction are apparent from papers already more...

Waiver

If the objecting party files a responsive pleading or a motion (other than a motion for an extension more...

Legal Standard

In disposing of a motion objecting to the court's jurisdiction, the court shall consider more...

.

No Final Determination of Issues

No determination of any issue of fact in connection with the objection is a determination of the merits more...

Limited Post-Trial Review of Jurisdiction Motion

Error in ruling against the party objecting to personal jurisdiction is waived by the party's taking part in more...

Objection to Jurisdiction -- Discovery

Limits on Discovery

While a personal jurisdiction motion is pending, a party may obtain discovery only on the issue of "the more...

Participating in Discovery Not a Waiver

The objecting party does not waive any objection to personal jurisdiction by participating in (a) a hearing regarding more...

Motion Based on Doctrine of Forum Non Conveniens

Hearings on motions to dismiss or transfer the action under the doctrine of forum non conveniens shall be more...

Combined Motions Permitted

Motions with respect to the pleadings, motions for involuntary dismissal, and motions for summary judgment may be combined more...

Seeking Wrong Remedy In Complaint Not Fatal

If the court determines, on motions directed to the pleadings, or on motion for summary judgment or upon more...

Affidavit in Lieu of Answer to Medical Malpractice Complaint

In certain medical malpractice actions, the defendant may, in lieu of answering, file an affidavit that he or more...

 Motion Papers

Notice of Hearing

Required

Except in actions appearing on the daily trial call or during the trial, written notice of the hearing more...

Content of Notice

A notice of hearing must show the title and number of the action, the name of the judge more...

Notice of Motion, Motion and Blank Order forms are available on the Clerk of the Cook County Circuit more...

Caption

All must be "entitled in the court and cause" and the "plaintiff's name shall be placed first." 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...

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...

Memorandum Not Strictly Required

The moving party has the option to include with the motion a "short concise memorandum in support of more...

Local Rule -- Page Limit for "Contested" Motions

Contested motions are any motions not set for hearing on the judges' regular motion call.Each judge handles contested motions differently, a directory with links to each judge's calendar and standing orders (if more...

Citations to Authority and Exhibits

Citation of Illinois cases filed prior to July 1, 2011, and published in the Illinois Official Reports

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...

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...

 Additional Documents

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...

Affidavit Supporting Motion for Involuntary Dismissal

If the grounds for attacking a pleading do not appear on the face of the pleading, the motion more...

Affidavit Supporting Claim of Lack of Jurisdiction

Unless the facts that constitute the basis for an objection to personal jurisdiction are apparent from papers already more...

Proposed Order

For contested motions, it is customary to prepare a draft order granting the relief sought, but to bring more...

For uncontested or routine motions, it is customary to file and serve a copy of a proposed order more...

Cook County SmartRules procedural guide: PROPOSED ORDER. more...

 Filing & Service

Consult Individual Judge's Calendar and Standing Orders

Individual Cook County judge's have their own calendars, and certain judges have issued standing orders and forms for proceedings more...

Filing

Electronic Filing and Service Pilot Program

There is an e-filing and service pilot program for the Commercial Litigation Section of the Law Division. more...

Traditional Filing and Service Rules

Moving Party -- File Moving Documents For Assignment of Hearing Date

The moving party must file motion documents at the "spindle counter" to receive assignment of a hearing date. more...

Moving Party Must File All Relevant Documents With Judge 3 Days Before Hearing

For all motions other than discovery motions, the moving party must file copies of all memoranda and relevant more...

Proof of Service

Proof of service must be filed with the Court. . more...

Method

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

Service of Motion Documents

Customarily, motion papers, the notice of filing and the notice of hearing are all served by mail on more...

The Cook County Circuit Court Rules provide that a copy of the motion and a certificate of service more...

Opposition and Reply Papers

Customarily, written opposition and reply papers are not served unless and until the judge sets a briefing schedule more...

The Cook County Circuit Court Rules provide that an opposing party "may serve an answering memorandum within 28 more...

Written Appearance

If a written appearance, general or special, is filed, copies of the appearance shall be served in the more...

Fees

Cook County Filing Fees

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

First 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

Motion Papers

Customarily, motion papers, the notice of filing and the notice of hearing are all served by mail on more...

The Cook County Circuit Court Rules provide that a copy of the motion and a certificate of service more...

Opposition and Reply Papers

Customarily, written opposition and reply papers are not served unless and until the judge sets a briefing schedule more...

The Cook County Circuit Court Rules provide that an opposing party "may serve an answering memorandum within twenty-eight more...

Written Appearance

If a written appearance, general or special, is filed, copies of the appearance shall be served in the more...

 Hearing & Disposition

Effect of Voluntary Dismissal Before Hearing or Trial

The plaintiff (or counterclaimant or third-party plaintiff) may at any time before trial or hearing begins, upon notice more...

Court May Still Hear Dispositive Motions

The court may hear and decide a motion that has been filed prior to a motion for voluntary more...

Voluntary Dismissal After Hearing or Trial Begins

After trial or hearing begins, the plaintiff may dismiss, only on terms fixed by the court (1) upon more...

Determination of Motion Based on Doctrine of Forum Non Conveniens

Intrastate Transfer of Action

The clerk of the court from which a transfer is granted to another circuit court in this State more...

Dismissal of Action

Dismissal of an action under the doctrine of forum non conveniens shall be upon the following conditions: more...

(i) if the plaintiff elects to file the action in another forum within six months of the dismissal more...

(ii) if the statute of limitations has run in the other forum, the defendant shall waive that defense. more...

If the defendant refuses to abide by these conditions, the cause shall be reinstated for further proceedings in more...

Ruling and Order

Whenever the court rules on a motion other than in the course of trial, the attorney for the more...

Local Rule Regarding Order

An attorney who has an order entered shall send copies to all other attorneys of record within 72 more...

Telephone Conference

Unless disallowed by local rule, the judge may, on the request of any party, direct that motions be more...

Calling the Motion for Hearing

Any involved party may call the motion up for hearing and disposition before or after the filing period. more...

Local Rule -- Moving Party Must Call Hearing Within Ninety (90) Days

The burden of calling for hearing a previously filed motion is on the party making the motion. more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit
Illinois - Cook Circuit