State Court Motion to Dismiss

DEFENDANT'S MOTION TO DISMISS

(State of Illinois — Circuit Court)

TABLE OF CONTENTS

1. Caption
2. Notice of Motion and Hearing
3. Motion to Dismiss

4. Memorandum of Law in Support
   4.1 Introduction
   4.2 Procedural Posture
   4.3 Statement of Relevant Facts
   4.4 Legal Standards
   4.5 Argument

5. Compliance with Rule-Mandated Affidavits

6. Request for Oral Argument
7. Conclusion
8. Verification
9. Attorney Signature Block
10. Certificate of Service
11. Exhibit A — Proposed Order

1. CAPTION

IN THE CIRCUIT COURT OF THE [________________] JUDICIAL CIRCUIT
[________________] 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

Hearing Date: [________________]
Hearing Time: [________________]
Courtroom: [________________]
Judge: Hon. [________________]

2. NOTICE OF MOTION AND HEARING

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that on [Hearing Date] at [Hearing Time], or as soon thereafter as counsel may be heard, before the Honorable [Judge Name], Courtroom [Number], at [Courthouse Address, City, Illinois], Defendant [Defendant Name] ("Defendant") will present Defendant's Motion to Dismiss the [Complaint / Amended Complaint] (the "Complaint") filed by Plaintiff [Plaintiff Name] ("Plaintiff"), a copy of which is hereby served upon you.

DATED: [________________]

Respectfully submitted,

[FIRM NAME]

By: ______________________________
[ATTORNEY NAME]
[ARDC NO. ________________]
[FIRM ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [EMAIL]
Attorneys for Defendant [Defendant Name]

3. MOTION TO DISMISS

Defendant [Defendant Name] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to 735 ILCS 5/2-615 and 735 ILCS 5/2-619 to dismiss the [Complaint / Amended Complaint] (the "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 (Section 2-615).
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 (Section 2-619).

WHEREFORE, Defendant prays that this Court enter an Order dismissing the Complaint with prejudice, taxing costs against Plaintiff pursuant to 735 ILCS 5/5-108, and granting such further relief as the Court deems just.

4. MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS

4.1 Introduction

Defendant respectfully requests that the Court dismiss Plaintiff's Complaint in its entirety because the pleading is legally insufficient on its face and is independently defeated by affirmative matter as a matter of law.

4.2 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.

4.3 Statement of Relevant Facts

For purposes of this Motion, Defendant summarizes the relevant factual allegations in the Complaint and any documents referenced therein.

4.4 Legal Standards

Motion Under 735 ILCS 5/2-615 (Facial Challenge)
A Section 2-615 motion tests the legal sufficiency of the complaint. All well-pleaded facts are accepted as true, but conclusions of law and unsupported conclusions of fact are disregarded. The motion must specify the defect complained of and ask for the appropriate relief.

Motion Under 735 ILCS 5/2-619 (Affirmative Matter)
A Section 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. Grounds include: (a)(1) lack of jurisdiction; (a)(2) the capacity of any party to sue or be sued; (a)(3) another action pending; (a)(4) the cause of action has not accrued; (a)(5) the statute of limitations bars the action; (a)(6) payment or release; (a)(7) statute of frauds; (a)(8) unenforceable under the statute of frauds; and (a)(9) the claim is barred by other affirmative matter avoiding the legal effect of or defeating the claim.

Combined Motion — 735 ILCS 5/2-619.1
When a motion asserts both Section 2-615 and Section 2-619 grounds, they must be presented in a single, integrated motion with separate points and authorities for each section.

4.5 Argument

A. Count [____] Fails to State a Claim Under Illinois Law (Section 2-615)

B. Count [____] Is Barred by Affirmative Matter (Section 2-619)

C. [Additional Grounds — if applicable]

5. 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] (Exhibit [____]) authenticating the documents referenced in support of the Section 2-619 grounds.

6. 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 in resolving [identify issue].

7. CONCLUSION

WHEREFORE, Defendant respectfully requests that this Court:

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

8. VERIFICATION (If Required for Section 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]

9. ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[DEFENDANT NAME]

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

[ATTORNEY NAME] (ARDC No. [________________])
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE] | [FAX]
[EMAIL]

10. 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 and 12.

______________________________
[Attorney Name] (ARDC No. [________________])

EXHIBIT A — PROPOSED ORDER

IN THE CIRCUIT COURT OF THE [________________] JUDICIAL CIRCUIT
[________________] 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 that:

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: ______ day of ________________, 20____

______________________________
JUDGE, CIRCUIT COURT OF ILLINOIS