IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS

[________________________________] DIVISION

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [________________________________]

DEFENDANT'S COMBINED MOTION TO DISMISS PURSUANT TO

735 ILCS 5/2-615, 5/2-619, AND 5/2-619.1

IMPORTANT NOTE — ILLINOIS DOES NOT USE FEDERAL RULE 12: Illinois uses two distinct motions to dismiss: (1) Section 2-615 attacks defects apparent on the face of the pleading (failure to state a cause of action); and (2) Section 2-619 raises affirmative matters outside the pleading that defeat the claim. These motions may be filed separately or combined into a single Section 2-619.1 motion. This template covers both.

COMES NOW Defendant [________________________________] ("Defendant"), by and through undersigned counsel, and pursuant to 735 ILCS 5/2-615, 5/2-619, and 5/2-619.1, moves this Court to dismiss the Complaint filed by Plaintiff [________________________________] ("Plaintiff"), and states as follows:

I. INTRODUCTION

On or about [__/__/____], Plaintiff filed a Complaint alleging [________________________________]. This Complaint is deficient on its face and/or subject to dismissal based on affirmative matters outside the pleading. For the reasons set forth herein and in the accompanying Memorandum of Law, the Complaint must be dismissed.

II. GROUNDS FOR DISMISSAL

PART A — SECTION 2-615 MOTION (Attacks on Face of Pleading)

A Section 2-615 motion challenges the legal sufficiency of the complaint based on defects apparent on the face of the pleading. In ruling on this motion, the Court considers only the allegations in the complaint.

Defendant moves to dismiss under 735 ILCS 5/2-615 on the following grounds (check all that apply):

☐ Ground A-1: Failure to State a Cause of Action (735 ILCS 5/2-615(a))
The Complaint fails to allege facts sufficient to state a cause of action under Illinois law. Specifically, Plaintiff has failed to plead the essential elements of [________________________________] because [________________________________].

☐ Ground A-2: Failure to Allege Damages (735 ILCS 5/2-615(a))
The Complaint fails to adequately allege damages necessary to support the claim for [________________________________].

☐ Ground A-3: Improper Joinder of Counts
The Complaint improperly joins counts that are legally inconsistent or do not arise from the same transaction or series of transactions. 735 ILCS 5/2-614.

☐ Ground A-4: Complaint Is Unintelligible / Lacks Specificity (735 ILCS 5/2-615(b))
The Complaint is so vague and ambiguous that Defendant cannot reasonably respond, and a more definite statement is required.

☐ Ground A-5: Affirmative Defense Apparent on Face (735 ILCS 5/2-615(a))
The Complaint, on its face, demonstrates that [________________________________], which constitutes a complete affirmative defense.

PART B — SECTION 2-619 MOTION (Affirmative Matter)

A Section 2-619 motion raises affirmative matters outside the pleadings that negate or defeat the plaintiff's claim. The movant may submit affidavits or other evidence in support.

Defendant moves to dismiss under 735 ILCS 5/2-619 on the following grounds (check all that apply):

☐ Ground B-1: Lack of Subject Matter Jurisdiction (735 ILCS 5/2-619(a)(1))
This Court lacks subject matter jurisdiction over the claims alleged because [________________________________]. The defect cannot be remedied by transfer to a court of competent jurisdiction.

☐ Ground B-2: Lack of Legal Capacity (735 ILCS 5/2-619(a)(2))
Plaintiff does not have legal capacity to sue [or Defendant does not have legal capacity to be sued] because [________________________________].

☐ Ground B-3: Another Action Pending (735 ILCS 5/2-619(a)(3))
There is another action pending between the same parties for the same cause in [________________________________] Court, Case No. [________________________________], which was filed on [__/__/____].

☐ Ground B-4: Prior Judgment / Res Judicata (735 ILCS 5/2-619(a)(4))
The cause of action is barred by a prior judgment entered in [________________________________] Court, Case No. [________________________________], on [__/__/____].

☐ Ground B-5: Statute of Limitations (735 ILCS 5/2-619(a)(5))
The action was not commenced within the time limited by law. The applicable limitations period for [________________________________] claims is [____] year(s) under 735 ILCS 5/[________________________________]. The cause of action accrued on [__/__/____], and the Complaint was filed on [__/__/____], which is beyond the limitations period.

☐ Ground B-6: Release / Settlement / Satisfaction (735 ILCS 5/2-619(a)(6))
The claim set forth in Plaintiff's Complaint has been released [, satisfied of record,] [, or discharged in bankruptcy] pursuant to [________________________________] dated [__/__/____].

☐ Ground B-7: Lack of Personal Jurisdiction (735 ILCS 5/2-301; 5/2-619(a)(9))
This Court lacks personal jurisdiction over Defendant. Under Illinois' Long-Arm Statute, 735 ILCS 5/2-209, this Court cannot exercise jurisdiction because Defendant [has not transacted business in Illinois / has not committed the acts alleged in Illinois / does not have sufficient minimum contacts with Illinois].

☐ Ground B-8: Improper Venue (735 ILCS 5/2-104; 5/2-619(a)(9))
Venue in [________________________________] County is improper because [________________________________]. Proper venue lies in [________________________________] County under 735 ILCS 5/2-101.

☐ Ground B-9: Immunity (735 ILCS 5/2-619(a)(9))
Defendant is immune from suit because [________________________________]. See [________________________________].

☐ Ground B-10: Affirmative Matter — Other (735 ILCS 5/2-619(a)(9))
[________________________________]

III. PROCEDURAL REQUIREMENTS — ILLINOIS-SPECIFIC

A. Filing Deadline

Under Illinois Supreme Court Rule 181, a defendant must respond to the complaint within 30 days after service of summons (or other time as ordered). A motion to dismiss under Section 2-615 or 2-619 must be filed in lieu of or before filing an answer, and before the expiration of the time to answer.

B. Consolidation — Section 2-619.1

Under 735 ILCS 5/2-619.1, motions under Sections 2-615, 2-619, and 2-1005 (summary judgment) may be combined in a single motion, clearly designating which grounds are brought under which statute. This motion is brought pursuant to 735 ILCS 5/2-619.1.

C. Response Deadline

The opposing party has 21 days to respond to this motion, unless the court sets a different schedule.

D. Hearing

☐ Defendant requests oral argument on this Motion.
☐ Defendant does not request a hearing and relies on the written submissions.

Motions in the [________________________________] County Circuit Court are set for hearing in [________________________________] Room [____] on [Mondays / Tuesdays / other: [________________________________]] at [____]:[____] [a.m. / p.m.].

E. Affidavit Requirement for Section 2-619

If this Section 2-619 motion relies on facts not apparent from the complaint, attached hereto is the Affidavit of [________________________________] establishing [________________________________]. 735 ILCS 5/2-619(a).

F. Illinois E-Filing

All court filings in Illinois circuit courts are subject to mandatory e-filing requirements through the Illinois e-filing portal at https://efiling.illinoiscourts.gov, pursuant to Illinois Supreme Court M.R. 18368.

IV. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

A. Legal Standard

1. Section 2-615 Standard

A Section 2-615 motion tests whether the allegations of the complaint, taken as true, are sufficient to state a cause of action. Keller v. State Farm Ins. Co., 180 Ill. App. 3d 539, 545 (1st Dist. 1989). The Court:
1. Accepts all well-pleaded facts as true;
2. Construes the pleadings in the light most favorable to the plaintiff;
3. Dismisses if the plaintiff fails to allege facts sufficient to state a cognizable cause of action.

Illinois requires fact pleading, not merely notice pleading. Plaintiffs must plead specific facts — conclusions of law or bare recitations of elements are insufficient. Visvardis v. Eric P. Ferleger, P.C., 375 Ill. App. 3d 719, 724 (1st Dist. 2007). The plaintiff must plead each element of the cause of action. Rodgers v. St. Mary's Hosp., 149 Ill. 2d 302, 314 (1992).

Illinois Fact Pleading Note: Unlike federal courts and many states that use notice pleading, Illinois requires that a complaint set forth facts with particularity. A pleading must allege sufficient facts to bring the case within a legally recognized cause of action, not merely set forth labels or conclusions.

2. Section 2-619 Standard

A Section 2-619 motion accepts the legal sufficiency of the complaint but asserts that an affirmative matter, supported by evidence, defeats the claim. Reynolds v. Jimmy John's Enters., LLC, 2013 IL App (4th) 120139, ¶ 24. If the movant introduces affirmative matter, the burden shifts to the plaintiff to show the matter is either legally insufficient or is disputed by genuine issues of material fact. Id.

B. Argument

1. Section 2-615: Failure to State a Cause of Action

[________________________________]

To state a cause of action for [________________________________] in Illinois, a plaintiff must plead the following elements: [________________________________]. [Case Name], [________________________________] Ill. [App.] [____] ([____]).

Plaintiff's Complaint contains only the following allegations: [________________________________]. These allegations are conclusory and lack the factual specificity required by Illinois' fact pleading standard. Plaintiff has failed to plead:
- [________________________________]
- [________________________________]
- [________________________________]

Because Plaintiff has not alleged facts establishing each required element, the Complaint fails as a matter of law and must be dismissed.

2. Section 2-619: Statute of Limitations

[________________________________]

Plaintiff's claims are governed by 735 ILCS 5/[________________________________], which imposes a [____]-year limitations period on [________________________________] claims. The cause of action accrued on [__/__/____] when [________________________________]. This action was filed on [__/__/____], which is [____] days after the expiration of the limitations period. The claims are time-barred and must be dismissed under 735 ILCS 5/2-619(a)(5).

3. Section 2-619: [Other Affirmative Matter, if applicable]

[________________________________]

C. Leave to Amend

Under 735 ILCS 5/2-615(c) and (g), when a motion to dismiss is granted, the court may allow the party to amend the pleading. Defendant submits:

☐ That Plaintiff's claims are incurably deficient and leave to amend would be futile.
☐ That Defendant does not object to a limited opportunity to amend, restricted to [________________________________].

V. PRAYER FOR RELIEF

WHEREFORE, Defendant [________________________________] respectfully requests that this Court:

1. GRANT this Combined Motion to Dismiss under 735 ILCS 5/2-615 and/or 5/2-619;
2. DISMISS Plaintiff's Complaint [with / without] prejudice;
3. DENY Plaintiff's request for leave to amend [, or alternatively, permit amendment only as to: [________________________________]];
4. AWARD Defendant its attorneys' fees and costs pursuant to 735 ILCS 5/2-611 (if the allegations are knowingly false) or Illinois Supreme Court Rule 137; and
5. GRANT such other and further relief as this Court deems just.

Respectfully submitted,

[________________________________]
[________________________________]
Illinois ARDC No.: [________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], Illinois [____]
Telephone: ([____]) [____]-[________________________________]
Facsimile: ([____]) [____]-[________________________________]
Email: [________________________________]

Attorney for Defendant [________________________________]

CERTIFICATE OF SERVICE

I, [________________________________], an attorney, certify that on [__/__/____], I served the foregoing Defendant's Combined Motion to Dismiss and Memorandum of Law upon all parties of record by:

☐ Electronic service via the Illinois e-filing portal (efiling.illinoiscourts.gov):
- [________________________________] (email: [________________________________])

☐ United States Mail, First Class, postage prepaid, to:
[________________________________]
[________________________________], Illinois [____]

☐ Hand delivery to: [________________________________]

☐ Email (with consent pursuant to Illinois Supreme Court Rule 11): [________________________________]

[________________________________]
Illinois ARDC No.: [________________________________]

APPENDIX: ILLINOIS-SPECIFIC PROCEDURAL CHECKLIST

☐ Motion filed within 30-day response deadline (Ill. S. Ct. Rule 181)
☐ Sections 2-615 and 2-619 grounds clearly labeled and separated
☐ Combined under Section 2-619.1 where appropriate
☐ Affidavit or supporting evidence attached (required for Section 2-619 factual issues)
☐ Memorandum of Law attached
☐ Hearing scheduled per local circuit court practice
☐ Filed via Illinois e-filing portal (efiling.illinoiscourts.gov)
☐ ARDC number included on all filings
☐ Certificate of Service completed
☐ Illinois fact pleading standard applied (not notice pleading)
☐ Illinois Supreme Court Rule 137 sanctions considered if appropriate
☐ Local circuit court rules for [________________________________] County reviewed

Sources and References:
- 735 ILCS 5/2-615: https://ilga.gov/legislation/ilcs/documents/073500050K2-615.htm
- 735 ILCS 5/2-619: https://www.ilga.gov/legislation/ilcs/documents/073500050K2-619.htm
- Illinois Code of Civil Procedure: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2017&ChapterID=56
- Illinois e-Filing Portal: https://efiling.illinoiscourts.gov