Illinois State Court Answer and General Denial

ILLINOIS STATE COURT ANSWER AND GENERAL DENIAL

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

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES

Defendant [________________], through [counsel / self-representation], answers Plaintiff's [complaint / amended complaint] filed [__/__/____] as follows.

1. Responses to numbered allegations

For each paragraph of the complaint, select one response and state any necessary detail. Repeat this format for every allegation. Under 735 ILCS 5/2-610(a), answer each allegation explicitly. A statement of insufficient knowledge must be true and supported by the attached affidavit or certification described in § 2-610(b).

Paragraph 1. Defendant ☐ admits; ☐ denies; ☐ admits [________________] and denies [________________]; ☐ states that Defendant lacks knowledge sufficient to form a belief about this allegation (attached affidavit or certification). Details: [________________].

Paragraph 2. Defendant ☐ admits; ☐ denies; ☐ admits [________________] and denies [________________]; ☐ states that Defendant lacks knowledge sufficient to form a belief about this allegation (attached affidavit or certification). Details: [________________].

Paragraph 3. Defendant ☐ admits; ☐ denies; ☐ admits [________________] and denies [________________]; ☐ states that Defendant lacks knowledge sufficient to form a belief about this allegation (attached affidavit or certification). Details: [________________].

Paragraph [____]. Defendant ☐ admits; ☐ denies; ☐ admits [________________] and denies [________________]; ☐ states that Defendant lacks knowledge sufficient to form a belief about this allegation (attached affidavit or certification). Details: [________________].

2. Affirmative defenses

Defendant pleads only the defenses selected below. For each selected defense, the facts constituting it are stated below as required by 735 ILCS 5/2-613(d). Repeat the numbered format for any additional supported defense; delete unused entries before filing.

☐ Defense 1 — [payment / release / other: ________________]. Facts: [Identify the transaction, parties, dates, and documents: ________________].

☐ Defense 2 — [statute of limitations / estoppel / other: ________________]. Governing statute or rule, if applicable: [________________]. Facts establishing the defense, including relevant dates: [________________].

☐ Defense 3 — [________________]. Facts: [________________].

If this Answer pleads new matter by way of defense, 735 ILCS 5/2-602 requires Plaintiff to file a reply. A selected defense is not established merely by checking its box.

3. Counterclaim, if any

☐ Defendant asserts no counterclaim in this Answer.

☐ Defendant pleads the following counterclaim as part of this Answer under 735 ILCS 5/2-608. State a complete, separately designated claim with the same particularity as a complaint; specifically identify any incorporated answer paragraphs.

COUNT I — [CLAIM NAME]

1. Parties and jurisdiction: [________________].
2. Incorporated answer paragraphs, if any: [________________].
3. Operative facts, dates, and conduct: [________________].
4. Legal basis for relief: [________________].
5. Injury and relief requested: [________________].

On Count I, Defendant requests judgment for [________________], costs where allowed, and other relief the Court finds proper.

Illinois counterclaims are generally permissive. A later action can still be barred by res judicata when it arises from the same operative facts or would nullify a prior final judgment. Tebbens v. Levin & Conde, 2018 IL App (1st) 170777, ¶ 45.

4. Jury demand, if applicable

☐ Defendant demands a jury trial on issues triable by jury. Under 735 ILCS 5/2-1105(a), a defendant's jury demand must be filed with the clerk no later than the filing of the answer, subject to the statute's stated exceptions.

5. Prayer for relief

Defendant asks the Court to enter judgment for Defendant on the claims answered above; grant relief on any counterclaim actually pleaded; award costs or fees only where authorized by applicable law or contract; and grant other proper relief.

Dated: [__/__/____]

Respectfully submitted,

____________________________________
[DEFENDANT / ATTORNEY NAME]
[ARDC NUMBER, IF ATTORNEY]
[MAILING ADDRESS]
[TELEPHONE]
[EMAIL ADDRESS]

6. Verification, if required

If the complaint is verified, 735 ILCS 5/2-605(a) requires verification of the answer unless the court excuses it. Section 1-109 permits certification under penalty of perjury in place of an oath unless a Supreme Court rule expressly provides otherwise.

Under penalties as provided by law pursuant to 735 ILCS 5/1-109, I, [________________], certify that the statements set forth in this Answer are true and correct, except as to matters stated on information and belief, and as to those matters I certify that I believe them to be true.

Dated: [__/__/____]

____________________________________
[PERSON WITH KNOWLEDGE]

7. Affidavit or certification of insufficient knowledge, if used

For each paragraph answered under § 2-610(b) on the basis of insufficient knowledge, I, [________________], state that I lack knowledge sufficient to form a belief about the truth of the allegation in paragraph(s) [________________]. I certify under penalties as provided by law pursuant to 735 ILCS 5/1-109 that this statement is true and correct.

Dated: [__/__/____]

____________________________________
[PERSON WITH KNOWLEDGE]

8. Certificate of service

I certify that on [__/__/____] I served this Answer on [names and service addresses: ________________] by ☐ email to the service address designated under Illinois Supreme Court Rule 11; ☐ approved electronic filing service provider; ☐ another method permitted by Rule 11 or court order, specified here with its basis: [________________].

____________________________________
[NAME]

Filing details

Check the summons for the appearance and answer deadline. A Rule 101(d) summons generally calls for an answer or appearance within 30 days after service, excluding the service day; Rule 181(a) governs the answer after an appearance by motion. Rule 181(b) addresses a summons that specifies an appearance date. Rule 13(c)(1) requires an attorney to file a written appearance or other pleading before addressing the court, except when presenting a motion for leave to appear.

Documents in civil cases are electronically filed under Rule 9(a), subject to its stated exceptions and exemptions. Service is generally electronic under Rule 11(c); use its allowed alternative methods only when their conditions apply. Rule 131(b) requires the document to be titled in the court and cause, with Plaintiff named first. Amendments require leave or other authority under 735 ILCS 5/2-616; this Answer does not reserve an automatic right to add defenses later.

Sources and references

• Illinois Code of Civil Procedure, 735 ILCS 5
• Illinois Supreme Court Rules
• Tebbens v. Levin & Conde, 2018 IL App (1st) 170777