United States · Illinois civil procedure
How is an Illinois combined dismissal or summary-judgment motion timed?
Section 2-619.1 permits any combination of Section 2-615, 2-619 and 2-1005 motions in one document. Each part must identify its section and grounds. It adds no filing period. Establish the timing and prerequisites of every included part, together with the court’s actual directions.
- Period
- No independent combined-motion period
- Trigger
- Each constituent motion’s procedural prerequisites and actual court deadlines
- Rule
- 735 ILCS 5/2-619.1
Section 2-619.1 source P.A. 86-1156, corroborated in the current official Code compilation. Retained original Rule 191 supports the separate cutoff.
Source guide · No automated date
Which statutory parts does the document contain?
A combined motion preserves distinct statutory parts. Its historical thirty-day preset cannot establish their separate prerequisites and court deadlines.
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Which statutory parts does the document contain?
Identify each proposed Section 2-615, 2-619 or 2-1005 part.
Separate the grounds and identify the governing section for every part.
Establish the pleading procedure, summary-judgment prerequisites and actual dispositive-motion cutoff.
735 ILCS 5/2-619.1Why does combination not create thirty days?
- Identify each proposed Section 2-615, 2-619 or 2-1005 part.
- Separate the grounds and identify the governing section for every part.
- Establish the pleading procedure, summary-judgment prerequisites and actual dispositive-motion cutoff.
- Section 2-619.1 states no period. Section 2-619 depends on pleading time, while Section 2-1005 uses different prerequisites. Rule 191(a) additionally requires the Section 2-619 and summary-judgment components before any court-set dispositive cutoff.
- File clearly identified separate parts with their own grounds and required evidence. Preserve actual orders for the included procedures and subsequent pleading.
This procedure does not supply one computed date. Establish each required event, selected date or filing sequence before applying any separately governing counting and closed-day provisions.
735 ILCS 5/2-619.1What distinguishes the relevant procedural branches?
Fictitious comparison. A defendant combines a pleading defect with summary judgment after the court has set a dispositive cutoff. A permitted document format does not remove the cutoff or supply missing summary-judgment evidence.
A combined motion preserves distinct statutory parts. Its historical thirty-day preset cannot establish their separate prerequisites and court deadlines.
Which qualifications change the procedure?
- Each part stays separate
- Section 2-619.1 requires each part to specify one governing section and clearly state the points or grounds relied upon under that section.
- Summary judgment has separate prerequisites
- Section 2-1005(a) requires a plaintiff to wait until the opposite party has appeared or its appearance time has expired. Subsection (b) permits a defendant to move at any time, subject to governing rules and orders.
- The court cutoff covers particular parts
- Rule 191(a) governs the cutoff and affidavits for Section 2-1005 and Section 2-619 motions. Do not assume document combination changes those requirements.
- This source guide does not compute a date or decide whether the required facts and filings are established.
- Preserve the applicable edition, actual documents and court orders. A different procedural branch requires its own review.
What must be completed and preserved?
Questions about 735 ILCS 5/2-619.1
How is an Illinois combined dismissal or summary-judgment motion timed?
Can I put all three sections in one motion?
Yes, in any combination, but each part must identify its governing section and particular grounds.
735 ILCS 5/2-619.1Does the combined motion receive a new filing period?
No. Section 2-619.1 adds no period. Establish each included procedure’s timing independently.
735 ILCS 5/2-619.1Does a defendant’s at-any-time summary-judgment provision override a court cutoff?
No. Rule 191(a) requires summary-judgment and Section 2-619 motions before the court’s last dispositive-motion date, if set.
Illinois Supreme Court Rule 191(a)Official procedural sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/2-619.1 | The specific statutory actor, triggering event, period and qualifications |
| 735 ILCS 5/2-615 | Pleading-defect component |
| 735 ILCS 5/2-619 | Dismissal component |
| 735 ILCS 5/2-1005 | Summary-judgment component |
| Illinois Supreme Court Rule 191(a) | Applicable cutoff and affidavits |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |