Illinois State Court Answer and General Denial

ILLINOIS STATE COURT ANSWER AND GENERAL DENIAL

(For Use in the Circuit Courts of Illinois)

TABLE OF CONTENTS

1. Caption
2. Introductory Statement and General Denial
3. Specific Responses to Numbered Allegations
4. Affirmative Defenses Under 735 ILCS 5/2-613
5. Section 2-619 Defenses
6. Counterclaim
7. Jury Demand
8. Prayer for Relief
9. Verification
10. Certificate of Service
11. Practice Notes — Illinois-Specific Rules and Deadlines
12. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT
[________________________________] COUNTY, ILLINOIS

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT

Defendant [DEFENDANT FULL LEGAL NAME] ("Defendant"), by and through undersigned counsel, pursuant to 735 ILCS 5/2-610, 5/2-613, and the Illinois Supreme Court Rules, hereby answers Plaintiff's Complaint filed on [__/__/____] as follows:

2. INTRODUCTORY STATEMENT AND GENERAL DENIAL

General Denial Pursuant to 735 ILCS 5/2-610

1. Defendant denies generally each and every allegation, statement, matter, and thing contained in Plaintiff's Complaint, including all exhibits attached thereto and documents incorporated by reference, and denies that Plaintiff is entitled to any relief of any kind from Defendant.

2. Any allegation in the Complaint not expressly and specifically admitted in this Answer is hereby denied.

3. To the extent any allegation of the Complaint contains or constitutes a conclusion of law, no responsive pleading is required; however, to the extent a response is deemed necessary, Defendant denies those allegations.

Illinois Practice Note — 735 ILCS 5/2-610 Requirements: Illinois is a fact-pleading jurisdiction and requires specificity in both complaints and answers. Under 735 ILCS 5/2-610(a), every answer must contain "an explicit admission or denial of each allegation" of the complaint. Under 735 ILCS 5/2-610(b), every allegation not explicitly denied is deemed admitted, except allegations of damages. Under 735 ILCS 5/2-610(c), denials "must not be evasive, but must fairly answer the substance of the allegation denied." Where the defendant cannot in good faith deny all allegations, practitioners should use paragraph-by-paragraph responses in Section 3 below rather than a blanket general denial.

3. SPECIFIC RESPONSES TO NUMBERED ALLEGATIONS

Instruction: Use this section as an alternative to, or in addition to, the general denial in Section 2. Duplicate the paragraph format below for each numbered paragraph of the Complaint. Under 735 ILCS 5/2-610(b), if a party states that he or she has "no knowledge thereof sufficient to form a belief," the party must attach an affidavit of the truth of that statement. This affidavit requirement is unique to Illinois practice and distinguishes it from federal and most other state court practice.

Paragraph 1. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Paragraph 2. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Paragraph 3. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 3 of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Paragraph 4. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4 of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Paragraph 5. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 5 of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Paragraph 6. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Paragraph 7. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 7 of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Paragraph 8. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8 of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Paragraph [____]. Defendant ☐ admits / ☐ denies / ☐ admits in part and denies in part / ☐ lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph [____] of the Complaint (affidavit attached per 735 ILCS 5/2-610(b)), and on that basis denies the same.

Critical Illinois Rule — Affidavit Requirement: Unlike federal practice, Illinois law under 735 ILCS 5/2-610(b) requires a party claiming insufficient knowledge to attach an affidavit attesting to the truth of that claim. Failure to attach the affidavit may cause the denial to be treated as an admission.

4. AFFIRMATIVE DEFENSES UNDER 735 ILCS 5/2-613

Subject to and without waiving Defendant's general denial or any other defense, and pursuant to 735 ILCS 5/2-613(d), Defendant pleads the following affirmative defenses. Under Illinois law, the facts constituting each affirmative defense must be "plainly set forth" in the answer. Each defense is pled in the alternative, and no admission is intended by the assertion of any defense.

Important — Duty to Reply: Under Illinois practice, if a party files affirmative defenses, the opposing party must file a reply, or the affirmative defenses will be deemed admitted. This differs from federal practice where no reply is required absent court order.

Affirmative Defenses Checklist

Select all applicable defenses and provide factual basis:

☐ FIRST AFFIRMATIVE DEFENSE — Statute of Limitations. Plaintiff's claims are barred, in whole or in part, by the applicable statute of limitations. Illinois limitations periods include:

• Written contracts: 10 years (735 ILCS 5/13-206)
• Oral contracts: 5 years (735 ILCS 5/13-205)
• Personal injury: 2 years (735 ILCS 5/13-202)
• Property damage: 5 years (735 ILCS 5/13-205)
• Fraud: 5 years (735 ILCS 5/13-205)
• Construction claims: 4 years (735 ILCS 5/13-214)
• Medical malpractice: 2 years from discovery, 4 years maximum (735 ILCS 5/13-212)
• Wrongful death: 2 years (740 ILCS 180/2)

Applicable statute and period: [________________________________].

☐ SECOND AFFIRMATIVE DEFENSE — Statute of Frauds. Plaintiff's claims are barred because the alleged agreement falls within the statute of frauds (740 ILCS 80/1 et seq.) and was not memorialized in a writing signed by the party to be charged. [________________________________].

☐ THIRD AFFIRMATIVE DEFENSE — Failure to State a Cause of Action. The Complaint fails to state a cause of action upon which relief can be granted under Illinois fact-pleading standards. See 735 ILCS 5/2-615. [________________________________].

☐ FOURTH AFFIRMATIVE DEFENSE — Payment. Plaintiff's claims are barred because the obligation has been satisfied in whole or in part by payment. [________________________________].

☐ FIFTH AFFIRMATIVE DEFENSE — Release. Plaintiff executed a valid and enforceable release discharging Defendant from the claims alleged. [________________________________].

☐ SIXTH AFFIRMATIVE DEFENSE — Accord and Satisfaction. Plaintiff's claims are barred by a prior accord and satisfaction between the parties. [________________________________].

☐ SEVENTH AFFIRMATIVE DEFENSE — Fraud. Plaintiff's claims are barred or diminished by Plaintiff's own fraud, material misrepresentation, or concealment of material facts. [________________________________].

☐ EIGHTH AFFIRMATIVE DEFENSE — Duress. Any agreement, consent, or action on which Plaintiff relies was obtained under duress and is voidable. [________________________________].

☐ NINTH AFFIRMATIVE DEFENSE — Estoppel. Plaintiff is estopped from asserting the claims alleged by reason of Plaintiff's own conduct, representations, or omissions. ☐ Equitable estoppel / ☐ Judicial estoppel / ☐ Promissory estoppel. [________________________________].

☐ TENTH AFFIRMATIVE DEFENSE — Comparative Fault. Plaintiff's own negligence or fault caused or contributed to the injuries and damages alleged. Under the Illinois modified comparative fault standard (735 ILCS 5/2-1116), a plaintiff who is more than 50% at fault is barred from recovery entirely. Any recovery must be reduced in proportion to Plaintiff's share of fault. See also the Joint Tortfeasor Contribution Act (740 ILCS 100/0.01 et seq.). [________________________________].

☐ ELEVENTH AFFIRMATIVE DEFENSE — Failure of Consideration. The consideration for the agreement or obligation on which Plaintiff's claims rest has wholly or partially failed. [________________________________].

☐ TWELFTH AFFIRMATIVE DEFENSE — Laches. Plaintiff's claims are barred by the equitable doctrine of laches because Plaintiff unreasonably delayed in bringing this action, to the prejudice of Defendant. [________________________________].

☐ THIRTEENTH AFFIRMATIVE DEFENSE — Waiver. Plaintiff waived the rights underlying its claims by its conduct, express agreement, or failure to act in a timely manner. [________________________________].

☐ FOURTEENTH AFFIRMATIVE DEFENSE — Unclean Hands. Plaintiff's claims are barred by the doctrine of unclean hands because Plaintiff engaged in inequitable or bad-faith conduct relating to the matters at issue. [________________________________].

☐ FIFTEENTH AFFIRMATIVE DEFENSE — Failure to Mitigate Damages. Plaintiff failed to exercise reasonable diligence to mitigate its alleged damages, and any recovery must be reduced by the amount that could have been avoided. [________________________________].

☐ SIXTEENTH AFFIRMATIVE DEFENSE — Set-Off and Recoupment. Defendant is entitled to set off against any recovery by Plaintiff the amounts owed by Plaintiff to Defendant. [________________________________].

☐ SEVENTEENTH AFFIRMATIVE DEFENSE — Res Judicata (Claim Preclusion). Plaintiff's claims are barred by res judicata because they arise from the same cause of action that was, or could have been, adjudicated in a prior action between the same parties or their privies. [________________________________].

☐ EIGHTEENTH AFFIRMATIVE DEFENSE — Collateral Estoppel (Issue Preclusion). Plaintiff is collaterally estopped from relitigating issues of fact or law that were actually and necessarily determined in a prior proceeding. [________________________________].

☐ NINETEENTH AFFIRMATIVE DEFENSE — Illegality. The contract or transaction underlying Plaintiff's claims is void or unenforceable as illegal or contrary to public policy. [________________________________].

☐ TWENTIETH AFFIRMATIVE DEFENSE — License. Defendant's alleged conduct was authorized by a license, permission, or consent granted by Plaintiff or by law. [________________________________].

☐ TWENTY-FIRST AFFIRMATIVE DEFENSE — Reservation of Additional Defenses. Defendant reserves the right to assert additional affirmative defenses as they become known through discovery or investigation, pursuant to 735 ILCS 5/2-616 (amendments to pleadings).

5. SECTION 2-619 DEFENSES

Without waiving any defense, Defendant asserts the following defenses available under 735 ILCS 5/2-619. Select all that apply:

☐ 2-619(a)(1) — Lack of Subject-Matter Jurisdiction. The court lacks jurisdiction of the subject matter of the action. [________________________________].

☐ 2-619(a)(2) — Incapacity. The plaintiff does not have legal capacity to sue. [________________________________].

☐ 2-619(a)(3) — Another Action Pending. There is another action pending between the same parties for the same cause. [________________________________].

☐ 2-619(a)(4) — Prior Disposition. The cause of action is barred by a prior judgment. [________________________________].

☐ 2-619(a)(5) — Statute of Limitations or Other Affirmative Matter. The action was not commenced within the time limited by law, or the claim is barred by other affirmative matter avoiding the legal effect of or defeating the claim. [________________________________].

☐ 2-619(a)(6) — Release, Satisfaction, or Discharge. The claim has been released, satisfied, or discharged in bankruptcy. [________________________________].

☐ 2-619(a)(7) — Statute of Frauds. The claim is unenforceable under the statute of frauds. [________________________________].

☐ 2-619(a)(8) — Disability. The claim is unenforceable because of the defendant's minority or other disability. [________________________________].

☐ 2-619(a)(9) — Other Affirmative Matter. The claim is barred by other affirmative matter avoiding the legal effect of or defeating the claim. [________________________________].

Combined Motion Practice: Under 735 ILCS 5/2-619.1, a party may file a combined motion under both Section 2-615 (failure to state a cause of action) and Section 2-619 (involuntary dismissal) in a single motion. This combined approach is the preferred practice in most Illinois circuits.

6. COUNTERCLAIM

Illinois Practice Note: Under 735 ILCS 5/2-608 and Illinois Supreme Court Rule 222(b), a defendant may plead a counterclaim arising out of the same transaction or occurrence as the plaintiff's claim (compulsory) or any other claim against the plaintiff (permissive). Compulsory counterclaims not raised in the answer are generally forfeited.

☐ Defendant asserts no counterclaim at this time but reserves the right to amend this Answer to assert counterclaims pursuant to 735 ILCS 5/2-616.

☐ Defendant asserts the following counterclaim(s) against Plaintiff:

COUNTERCLAIM

COUNT I — [________________________________]

1. Defendant realleges and incorporates by reference each and every paragraph of this Answer as if fully set forth herein.

2. [State facts supporting the counterclaim: ________________________________]

3. [State the legal basis for the counterclaim: ________________________________]

4. [State the damages or relief sought: ________________________________]

5. As a direct and proximate result of Plaintiff's conduct described herein, Defendant has suffered damages in the amount of $[________________________________], or in an amount to be proven at trial, together with interest, costs, and attorneys' fees as permitted by law.

PRAYER FOR RELIEF ON COUNTERCLAIM

WHEREFORE, Defendant respectfully requests that this Court enter judgment against Plaintiff on the Counterclaim as follows:

a. Awarding Defendant compensatory damages in an amount to be determined at trial;

b. Awarding Defendant pre-judgment and post-judgment interest at the statutory rate under 735 ILCS 5/2-1303;

c. Awarding Defendant its reasonable attorneys' fees and costs as permitted by law; and

d. Granting such other and further relief as the Court deems just and proper.

7. JURY DEMAND

Pursuant to 735 ILCS 5/2-1105 and Illinois Supreme Court Rule 183, Defendant hereby demands a trial by jury on all issues so triable in this action, including all claims asserted in the Complaint and all counterclaims asserted herein.

Illinois Jury Demand Rules: Under 735 ILCS 5/2-1105, a jury demand must be filed "not later than the date upon which the last responsive pleading directed to a severable claim is due to be filed." The demand must be in writing and filed with the clerk of the court. The right to a jury trial is waived if not timely demanded. The applicable jury demand fee must be paid at the time of filing.

8. PRAYER FOR RELIEF

WHEREFORE, Defendant [DEFENDANT FULL LEGAL NAME] respectfully requests that this Court enter judgment as follows:

a. Dismissing Plaintiff's Complaint in its entirety, with prejudice;

b. Entering judgment in favor of Defendant on all claims asserted in the Complaint;

c. Awarding Defendant its reasonable attorneys' fees and costs of suit to the extent permitted by applicable law, contract, or statute;

d. Awarding Defendant pre-judgment and post-judgment interest at the rate provided under 735 ILCS 5/2-1303;

e. If applicable, entering judgment in Defendant's favor on all counterclaims; and

f. Granting such other and further relief as this Court deems just and proper.

9. VERIFICATION

Illinois Practice Note: Under 735 ILCS 5/1-109, if a complaint is verified, the answer must also be verified. Verification is accomplished by certification under penalties of perjury as provided by Section 1-109, rather than by traditional notarized affidavit.

☐ Verification required (Complaint was verified or statute requires verification)

☐ Verification not required

VERIFICATION

Under penalties as provided by law pursuant to 735 ILCS 5/1-109, I, [DEFENDANT NAME], certify that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief, and as to such matters I certify as aforesaid that I verily believe the same to be true.

Dated: [__/__/____]

____________________________________
[DEFENDANT NAME]

SIGNATURE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: ____________________________________
[ATTORNEY NAME]
Attorney for Defendant [DEFENDANT FULL LEGAL NAME]
[ARDC No. ________________________________]
[Street Address]
[City, Illinois ZIP Code]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

10. CERTIFICATE OF SERVICE

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on [__/__/____], I caused the foregoing Defendant's Answer and Affirmative Defenses to Plaintiff's Complaint to be served upon the following by the method indicated:

☐ Electronic filing via the court's e-filing system (service constitutes notice to all registered parties)
☐ Personal service
☐ U.S. Mail, postage prepaid
☐ Email (with consent of receiving party per Illinois Supreme Court Rule 11)
☐ Facsimile transmission
☐ FedEx or overnight delivery

Served upon:

____________________________________
[ATTORNEY NAME]

Illinois E-Filing: As of January 1, 2018, all civil cases in Illinois require mandatory electronic filing through an approved e-filing service provider. See Illinois Supreme Court Rule 9. Service through the e-filing system constitutes service on all parties registered for electronic service in the case.

11. PRACTICE NOTES — ILLINOIS-SPECIFIC RULES AND DEADLINES

Answer Deadlines

Critical Illinois Practice Reminders

• Fact Pleading Jurisdiction: Illinois is a fact-pleading jurisdiction — not a notice-pleading jurisdiction. Both complaints and answers must set forth ultimate facts, not conclusions or evidence. See Chandler v. Illinois Central Railroad, 207 Ill. 2d 331 (2003).

• Affidavit for Lack of Knowledge: Under 735 ILCS 5/2-610(b), a party asserting insufficient knowledge to admit or deny must attach an affidavit to that effect. This is unique to Illinois and failure to attach the affidavit may result in the allegation being deemed admitted.

• Reply Required for Affirmative Defenses: When a defendant asserts affirmative defenses, the plaintiff must file a reply. Failure to reply to properly pleaded affirmative defenses results in the affirmative defenses being deemed admitted.

• Combined 2-615/2-619 Motions: Under 735 ILCS 5/2-619.1, courts prefer that motions under Section 2-615 (sufficiency of pleading) and Section 2-619 (affirmative defenses/dismissal) be combined into a single motion.

• Amendment of Pleadings: Under 735 ILCS 5/2-616, amendments to pleadings may be allowed "on just and reasonable terms" at any time before final judgment. Illinois courts are generally liberal in granting leave to amend.

• Prejudgment Interest: Under 735 ILCS 5/2-1303, the statutory rate of prejudgment interest is 5% per annum on the unpaid balance.

• Local Circuit Court Rules: Each of the 24 judicial circuits in Illinois has its own local rules governing filing procedures, hearing schedules, and specific pleading requirements. Always consult the local rules for the specific circuit where the case is pending.

• Mandatory E-Filing: All Illinois courts require electronic filing through an approved e-filing service provider pursuant to Illinois Supreme Court Rule 9.

• Filing an Appearance: Under Illinois Supreme Court Rule 13, an attorney must file an appearance before or simultaneously with filing any pleading. The appearance is a separate document from the answer.

12. SOURCES AND REFERENCES

• 735 ILCS 5/2-610 — Denials (Illinois General Assembly)
• 735 ILCS 5/2-613 — Affirmative Defenses (Illinois General Assembly)
• 735 ILCS 5/2-619 — Involuntary Dismissal (Illinois General Assembly)
• 735 ILCS 5/2-619.1 — Combined Motions (Illinois General Assembly)
• 735 ILCS 5/2-608 — Counterclaim (Illinois General Assembly)
• 735 ILCS 5/2-616 — Amendments (Illinois General Assembly)
• 735 ILCS 5/2-1105 — Jury Demand (Illinois General Assembly)
• 735 ILCS 5/1-109 — Verification by Certification
• 735 ILCS 5/13-201 et seq. — Limitations of Actions
• Illinois Supreme Court Rules (Full Text)
• Illinois Civil Practice — Illinois Legal Aid Online
• Chandler v. Illinois Central Railroad, 207 Ill. 2d 331 (2003) — fact pleading standard