**[DRAFT] STATE COURT ANSWER – GENERAL DENIAL
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS**
[// GUIDANCE: Replace all bracketed items before filing. Review the deadline to appear/answer under Ill. Sup. Ct. R. 181(a) – generally 30 days after service of summons (unless extended by statute or court order).]
TABLE OF CONTENTS
- Caption & Appearances
- Preliminary Statement
- General Denial
- Affirmative Defenses
- Counterclaim (Optional)
- Prayer for Relief
- Jury Demand (Optional)
- Verification (if required)
- Certificate of Service
1. CAPTION & APPEARANCES
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS
[LAW / MUNICIPAL / CHANCERY] DIVISION
[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Case No. [_]
)
[DEFENDANT NAME], )
)
Defendant. )
APPEARANCES:
Attorney for Defendant: [LAW FIRM NAME]
ARDC No.: [________]
Address: [________]
Telephone: [________]
E-mail: [________]
2. PRELIMINARY STATEMENT
- Defendant, [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, appears pursuant to Illinois Supreme Court Rule 181(a) and submits this Answer, General Denial, and Affirmative Defenses to the Complaint filed by Plaintiff, [PLAINTIFF NAME] (“Plaintiff”).
- Pursuant to 735 Ill. Comp. Stat. 5/2-613(d), Defendant sets forth a general denial of the allegations of the Complaint except where expressly admitted herein.
- All allegations not specifically admitted are denied.
[// GUIDANCE: If you intend to admit any allegation (e.g., jurisdiction, corporate status), insert a short “Admissions” subsection here.]
3. GENERAL DENIAL
- General Denial. Defendant denies each and every allegation of the Complaint, both specifically and generally, denies that Plaintiff has suffered any damages as alleged, and denies that Plaintiff is entitled to any relief whatsoever.
[// GUIDANCE: Illinois practice prefers paragraph-by-paragraph responses. A true “general denial” is permissible under 735 ILCS 5/2-613(d) only if made in good faith and if no allegation is selectively omitted from denial. Consider inserting a paragraph-specific grid if strategic.]
4. AFFIRMATIVE DEFENSES
Pursuant to 735 ILCS 5/2-613(d) and Ill. Sup. Ct. R. 133(c), Defendant asserts the following affirmative defenses. Each defense is pled in the alternative, and no admission is intended by the assertion of any defense.
A. Failure to State a Claim
5. The Complaint fails to state facts sufficient to constitute a cause of action upon which relief may be granted.
B. Statute of Limitations
6. Plaintiff’s claims are barred, in whole or in part, by the applicable statute(s) of limitation, including but not limited to [CITE APPLICABLE LIMITATION STATUTE, e.g., 735 ILCS 5/13-205 (five-year limitations for certain actions)].
C. Estoppel / Waiver
7. By reason of Plaintiff’s own conduct, words, and omissions, Plaintiff is estopped and has waived any right to the relief sought.
D. Laches
8. Plaintiff unreasonably delayed in pursuing its claims, and such delay has prejudiced Defendant.
E. Failure of Consideration / Accord & Satisfaction
9. Any obligation alleged in the Complaint has been discharged, satisfied, or is otherwise unenforceable due to failure of consideration or accord and satisfaction.
F. Lack of Standing
10. Plaintiff lacks standing to assert one or more of the claims set forth in the Complaint.
G. Comparative / Contributory Fault
11. Any damages claimed by Plaintiff were proximately caused or contributed to by Plaintiff’s own acts or omissions.
H. Reservation of Additional Defenses
12. Defendant reserves the right to assert additional defenses and affirmative matters as may become applicable through discovery.
[// GUIDANCE: Delete, modify, or add defenses to fit the facts. Each affirmative defense must include supporting factual allegations in compliance with 735 ILCS 5/2-613(c).]
5. COUNTERCLAIM (OPTIONAL)
[Counterclaims are governed by 735 ILCS 5/2-608 and Ill. Sup. Ct. R. 222(b) (where applicable). Plead counts separately, with their own jurisdictional statements, factual allegations, and prayer for relief.]
COUNT I – [E.G., BREACH OF CONTRACT]
13. Defendant realleges Paragraphs 1‒12 as though fully set forth herein.
14. …
WHEREFORE, Defendant demands judgment against Plaintiff in an amount to be proven at trial, plus costs, interest, and all other appropriate relief.
[// GUIDANCE: If no counterclaim is asserted, delete this section and renumber.]
6. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that this Court:
A. Dismiss the Complaint with prejudice;
B. Enter judgment in favor of Defendant and against Plaintiff on all claims;
C. Award Defendant its costs and such other relief as the Court deems just and proper.
7. JURY DEMAND (OPTIONAL)
Defendant demands trial by jury on all issues so triable.
[// GUIDANCE: Strike if a jury is not desired. A jury demand must be made in the first responsive pleading or within the time prescribed by Ill. Sup. Ct. R. 183.]
8. VERIFICATION (IF REQUIRED)
STATE OF ILLINOIS )
) SS.
COUNTY OF __ )
I, [AUTHORIZED REPRESENTATIVE], being first duly sworn on oath, depose and state that I have read the foregoing Answer, know the contents thereof, and the statements contained therein are true and correct to the best of my knowledge, information, and belief.
[NAME], [TITLE]
[DEFENDANT NAME]
Subscribed and sworn to before me
this ___ day of ____, 20__.
Notary Public
[// GUIDANCE: Verification is mandatory only when the Complaint is verified or when required by specific statute. If not required, remove this section.]
9. CERTIFICATE OF SERVICE
The undersigned certifies that on this ___ day of ____, 20__, a true and correct copy of the foregoing Answer and Affirmative Defenses was served upon all counsel of record via [E-FILING SYSTEM / E-MAIL / HAND DELIVERY / U.S. MAIL] pursuant to Illinois Supreme Court Rules 11 and 12.
[ATTORNEY NAME]
Attorney for Defendant
ARDC No. [_]
END OF DOCUMENT
[// GUIDANCE:
1. File an Appearance contemporaneously with this pleading (Ill. Sup. Ct. R. 13).
2. Confirm local rules for electronic filing, font, margin, and signature requirements.
3. Calendar the next status date and all discovery deadlines immediately upon filing.]