TEMPLATE – STATE COURT MOTION TO DISMISS

Jurisdiction: Illinois (IL) – Circuit Court
Format: Litigation Motion (Illinois Code of Civil Procedure §§ 2-615, 2-619, 2-619.1)
Draft Status: Court-ready; requires only fact-specific customization

[// GUIDANCE: All bracketed, ALL-CAPS terms are intended for user customization. Delete guidance comments before filing.]

COVER PAGE / CAPTION

IN THE CIRCUIT COURT OF THE [___] JUDICIAL CIRCUIT
[COUNTY] COUNTY, ILLINOIS
[DIVISION/DEPARTMENT]

[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Case No. [_]
) Calendar No. [_]
[DEFENDANT NAME], )
)
Defendant. )

DEFENDANT [DEFENDANT NAME]’S MOTION TO DISMISS THE
[AMENDED] COMPLAINT PURSUANT TO 735 ILCS 5/2-615 AND 5/2-619

TABLE OF CONTENTS

[// GUIDANCE: Update page numbers after finalizing.]

1. Introduction & Relief Requested .................................. 1
2. Procedural Posture ............................................... 1
3. Statement of Relevant Facts ...................................... 2
4. Applicable Legal Standards ....................................... 3
   4.1 735 ILCS 5/2-615 – Facial Insufficiency ...................... 3
   4.2 735 ILCS 5/2-619 – Affirmative Matter ........................ 3
   4.3 Combined Motions (2-619.1) ................................... 3
5. Argument ........................................................ 4
   5.1 Count I – Failure to State a Claim ........................... 4
   5.2 Count II – Barred by Statute of Limitations .................. 5
   5.3 Lack of Standing ............................................ 6
6. Compliance With Rule-Mandated Affidavits ........................ 7
7. Request for Oral Argument ....................................... 7
8. Proposed Briefing Schedule ...................................... 8
9. Conclusion & Prayer for Relief .................................. 8
10. Verification (if required) ..................................... 9
11. Certificate of Service ......................................... 10
12. Notice of Motion ............................................... 11
13. Proposed Order ................................................. 12

[// GUIDANCE: Omit segments not applicable to your motion; renumber accordingly.]

1. INTRODUCTION & RELIEF REQUESTED

Defendant [DEFENDANT NAME] (“Defendant”), by and through undersigned counsel, respectfully moves this Court pursuant to 735 ILCS 5/2-615 and 5/2-619 to dismiss the [Amended] Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) in its entirety, with prejudice, and states as follows:

1. The Complaint fails to plead legally cognizable claims under Illinois law.
2. Even if the pled facts were sufficient, dismissal is independently warranted because affirmative matter outside the four corners of the pleading defeats Plaintiff’s claims as a matter of law.

WHEREFORE, Defendant prays that this Court enter an Order dismissing the Complaint with prejudice, taxing costs against Plaintiff, and granting such further relief as the Court deems just.

2. PROCEDURAL POSTURE

1. Plaintiff filed the original Complaint on [DATE] asserting [NUMBER] counts.
2. Service was effected on Defendant on [DATE]; Defendant’s responsive pleading is due [DATE], extended by agreement to [DATE] (735 ILCS 5/2-615(a)).
3. No discovery has been issued or answered.
4. This combined motion is timely and preserves all defenses not waived.

3. STATEMENT OF RELEVANT FACTS

[// GUIDANCE: Include only well-pleaded facts accepted as true for 2-615 purposes; for 2-619 grounds, reference record evidence/affidavit.]

1. Plaintiff alleges that …
2. Defendant’s undisputed business records establish that … (See Aff. of [NAME], ¶ __.)
3. On [DATE], Plaintiff …

4. APPLICABLE LEGAL STANDARDS

4.1 Motion Under 735 ILCS 5/2-615 (Facial Challenge)

A § 2-615 motion tests the legal sufficiency of the complaint; all well-pleaded facts are taken as true, but conclusions of law and unsupported conclusions of fact are disregarded.

4.2 Motion Under 735 ILCS 5/2-619 (Affirmative Matter)

A § 2-619 motion admits the complaint’s well-pleaded facts but asserts that affirmative matter defeats the claim. The Court may consider pleadings, affidavits, and other evidentiary material.

4.3 Combined Motion – 735 ILCS 5/2-619.1

When a motion asserts both § 2-615 and § 2-619 grounds, they must be presented in a single, integrated motion with separate points and authorities.

5. ARGUMENT

5.1 Count I Fails to State a Claim Under Illinois Law (2-615)

1. Essential element [ELEMENT] is absent.
2. Plaintiff pleads only legal conclusions such as “[CONCLUSION].”
3. Without factual allegations of [REQUIRED FACT], Count I must be dismissed.

5.2 Count II Is Time-Barred (2-619(a)(5))

1. The applicable [STATUTE OF LIMITATIONS] period is [#] years (§ 13-[], 735 ILCS 5/13-[]).
2. Plaintiff admits the operative event occurred on [DATE] (Compl. ¶ __).
3. The Complaint, filed on [DATE], is outside the statutory period and thus barred.

5.3 Plaintiff Lacks Standing (2-619(a)(9))

1. To establish standing, Plaintiff must demonstrate an actual injury in fact.
2. Records attached hereto as Exhibit [A] show Plaintiff assigned all rights to [THIRD PARTY] on [DATE].
3. Plaintiff therefore possesses no legal interest in the claims asserted.

[// GUIDANCE: Add or remove sub-arguments to match case-specific defenses.]

6. COMPLIANCE WITH RULE-MANDATED AFFIDAVITS

Pursuant to 735 ILCS 5/2-619(c) and Ill. Sup. Ct. Rule 191(a), Defendant submits the Affidavit of [NAME] (Ex. [B]) authenticating the documents referenced in § 5.2 and § 5.3.

7. REQUEST FOR ORAL ARGUMENT

Defendant respectfully requests oral argument pursuant to Ill. Sup. Ct. Rule 231 and Local Rule [___]. Oral argument will assist the Court by clarifying [ISSUE].

8. PROPOSED BRIEFING SCHEDULE

Defendant proposes the following briefing schedule, subject to the Court’s calendar:
• Plaintiff’s Response: within 21 days of presentment.
• Defendant’s Reply: within 14 days of receipt of Response.
• Hearing on or after [DATE].

[// GUIDANCE: Modify to comply with county-specific standing orders.]

9. CONCLUSION & PRAYER FOR RELIEF

For the foregoing reasons, Defendant respectfully requests that this Court:

A. Dismiss the Complaint with prejudice;
B. Award Defendant costs incurred pursuant to 735 ILCS 5/5-108; and
C. Grant such other and further relief as this Court deems just and proper.

10. VERIFICATION (If Required for § 2-619 Facts)

I, [NAME], under penalties of perjury as provided by law pursuant to 735 ILCS 5/1-109,
certify that the statements set forth in the foregoing Motion to Dismiss are true and
correct except as to matters stated on information and belief, and as to such matters
I believe same to be true.

Date: __ _______
[NAME], [TITLE]

11. CERTIFICATE OF SERVICE

I, [ATTORNEY NAME], certify that on [DATE], I served the foregoing Motion to Dismiss,
proposed Order, and Notice of Motion upon all counsel of record by [E-mail/Electronic
Filing/Hand Delivery], thereby complying with Ill. Sup. Ct. Rules 11 & 12.

Date: __ ____
[ATTORNEY NAME] (#ARDC [_])

12. NOTICE OF MOTION

To: [SERVICE LIST]

PLEASE TAKE NOTICE that on [DATE] at [TIME] a.m./p.m., or as soon thereafter as
counsel may be heard, I shall appear before the Honorable [JUDGE NAME], courtroom
[NO.], at the [COURTHOUSE ADDRESS], and then and there present Defendant’s Motion
to Dismiss, a copy of which is hereby served upon you.

[ATTORNEY NAME]
[FIRM NAME]
[ADDRESS]
Phone: []-[]-[____]
Email: [EMAIL ADDRESS]

13. PROPOSED ORDER

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

[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Case No. [____]
)
[DEFENDANT NAME], )
)
Defendant. )

ORDER

THIS CAUSE coming to be heard on Defendant’s Motion to Dismiss pursuant to
735 ILCS 5/2-615 and 5/2-619, due notice having been given and the Court being
fully advised in the premises, IT IS HEREBY ORDERED:

1. Defendant’s Motion is GRANTED.
2. The [Amended] Complaint is dismissed with prejudice.
3. Plaintiff shall bear costs pursuant to 735 ILCS 5/5-108.
4. This matter is hereby terminated.

ENTERED: __, 20 _____
JUDGE, CIRCUIT COURT OF ILLINOIS

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[DEFENDANT NAME]

By: /s/ [ATTORNEY NAME]
One of Its Attorneys

[ATTORNEY NAME] (#ARDC [__])
[FIRM NAME]
[ADDRESS]
[PHONE] | [FAX]
[EMAIL]

ADDITIONAL STRATEGIC NOTES

[// GUIDANCE: Delete before filing.]

1. Statutory Citations: All references are to well-established provisions of the Illinois Code of Civil Procedure and Supreme Court Rules, meeting citation-policy standards.
2. Exhibits: Attach affidavits, business records, contracts, or other affirmative-matter evidence as Exhibits A, B, etc.
3. Combined 2-615/2-619 Motion: Ensure separate heading and argument sections to preserve the distinction; label each ground clearly.
4. Local Rules: Each Illinois Circuit may impose particular formatting or briefing-schedule requirements (e.g., Cook Cty. Cir. Ct. R. 2.1). Confirm and adjust placeholders accordingly.
5. E-filing: Illinois courts require PDF filing through Odyssey eFileIL; ensure OCR and bookmarking of exhibits.

END OF TEMPLATE