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Should you bring a so what motion or a yes, but motion?

April 6, 2013 by in General

This case is interesting not so much for the appellate procedure aspects, but for its delineation of the differences between several types of dispositive motions. A 735 ILCS 5/2-615(a) motion says “So what? The facts the plaintiff has pleaded do not state a cause of action against me.” A 735 ILCS 5/2-619(a) says “Yes, the complaint was legally sufficient, but affirmative matter exists that defeats the claim.” However, §2-619 does not authorize the defendant to submit affidavits or evidentiary matter for the purpose of contesting the plaintiff’s factual allegations and presenting its version of the facts. Where a defendant seeks to address the complaint’s factual allegations, a summary judgment motion under 735 ILCS 5/2-1005 is the proper vehicle. Finally, a motion for judgment on the pleadings under 735 ILCS 5/2-615(e) is “like a motion for summary judgment limited to the pleadings.”

Reynolds v. Jimmy John’s Enterprises, LLC, 2013 IL App (4th) 120139.

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