United States · Illinois civil procedure
When should an Illinois Section 2-615 motion attack the complaint?
Section 2-615 governs objections to pleading defects and requires the motion to identify the defects and requested relief. It does not prescribe thirty days. For a complaint response, establish the applicable summons procedure and actual orders. Rule 181(a) permits an appropriate motion within its ordinary thirty-day appearance period.
- Period
- The established complaint-response time, not a fixed Section 2-615 interval
- Trigger
- The applicable complaint-response event under the summons and court orders
- Rule
- 735 ILCS 5/2-615
Section 2-615 source P.A. 82-280, corroborated in the current official Code compilation. Individual Rules 101, 181, 182 and 183 supply separate procedural qualifications.
Source guide · No automated date
Which complaint and response procedure apply?
The complaint’s actual response procedure controls. Section 2-615 has no fixed thirty-day period, and the historical preset does not classify summons forms or read orders.
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Which complaint and response procedure apply?
Identify the complaint and the particular pleading defects the motion addresses.
Establish the applicable summons, effective service and actual response directions.
Distinguish a complaint attack from a motion against another pleading under Rule 182(c).
735 ILCS 5/2-615Where does the filing time come from?
- Identify the complaint and the particular pleading defects the motion addresses.
- Establish the applicable summons, effective service and actual response directions.
- Distinguish a complaint attack from a motion against another pleading under Rule 182(c).
- The applicable response rule and actual orders supply timing. In Rule 181(a)’s ordinary branch, filing a motion within the appearance period leads to an answer or further appropriate motion within the time directed in the disposition order. Section 2-615(d) separately permits pleading-over, amendment or termination orders.
- File a motion specifying the pleading defects and requested relief. Preserve service, proof and the order disposing of the motion; follow any permitted or required amendment.
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 5/2-615What distinguishes the relevant procedural branches?
Fictitious comparison. A timely motion is disposed of with an order allowing an amended complaint and directing further pleading. The original service date alone cannot identify the date set by that later order.
The complaint’s actual response procedure controls. Section 2-615 has no fixed thirty-day period, and the historical preset does not classify summons forms or read orders.
Which qualifications change the procedure?
- The complaint differs from other pleadings
- Rule 182(c)’s twenty-one-day period addresses pleadings other than the complaint. Do not apply it to this complaint-response question.
- The motion must identify the defect
- Section 2-615(a) and (b) require specific defects and appropriate relief; a substantially insufficient pleading must be identified with the reasons for insufficiency.
- A disposition can require further pleading
- Section 2-615(d) permits appropriate orders requiring or allowing amendment or pleading over, or ending the litigation in whole or part. Preserve the actual order.
- Court-granted time differs from a request
- Rule 183 allows good-cause relief on motion after notice to the opposite party, before or after expiration. Preserve the actual ruling. Filing a request does not itself establish an extended deadline.
- 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 5/2-615
When should an Illinois Section 2-615 motion attack the complaint?
Does Section 2-615 contain a thirty-day deadline?
No. Establish the applicable summons-response procedure and actual orders.
735 ILCS 5/2-615Can I attack another pleading with the complaint’s response clock?
Rule 182(c) supplies a separate procedure for a pleading other than the complaint.
Illinois Supreme Court Rule 182(c)Does filing the motion fix the later answer date?
Rule 181(a) directs the later answer or appropriate motion to the time stated in the order disposing of the timely initial motion.
Illinois Supreme Court Rule 181(a)Official procedural sources and review
Provisions used (10)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/2-615 | The specific statutory actor, triggering event, period and qualifications |
| Illinois Supreme Court Rule 181 | The actual summons and response procedure |
| Illinois Supreme Court Rule 183 | Court-granted extensions of rule periods |
| Illinois Supreme Court Rule 101 | Summons classification |
| Illinois Supreme Court Rule 182(c) | Noncomplaint pleading attack |
| 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 |