When may an Illinois party file a Section 2-619 dismissal motion?

Identify the claim, responding party and listed Section 2-619 ground.

Establish the applicable summons-response procedure and any order granting pleading time.

Read the actual dispositive-motion cutoff and any later ruling changing it.

1. Identify the claim, responding party and listed Section 2-619 ground.
2. Establish the applicable summons-response procedure and any order granting pleading time.
3. Read the actual dispositive-motion cutoff and any later ruling changing it.
4. Review both the applicable pleading time and Rule 191(a)’s requirement to file before the court’s last dispositive-motion date. Do not assume an answer extension also changes the dispositive cutoff or read before as an automatic inclusive final-day permission.
5. File the motion with the proper grounds and supporting affidavits where required. Serve the motion, file proof, and preserve the actual pleading and dispositive-motion directions.

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.

Fictitious comparison. The court extends pleading time but leaves an earlier dispositive-motion cutoff unchanged. Adding thirty days to summons service, or using only the extension, cannot prove the motion timely.

This motion depends on the actual pleading time and an independently imposed court cutoff. The historical thirty-day preset cannot establish both.

Off-pleading grounds need affidavit support

Section 2-619(a) requires an affidavit when the grounds do not appear on the face of the attacked pleading. Rule 191(a) requires personal knowledge, admissible facts and the specified supporting documents.

A court cutoff remains separate

Rule 191(a) requires Section 2-619 motions before the last date set for dispositive motions. An extended pleading time does not itself establish a changed cutoff.

Answer defenses are not universally lost

Section 2-619(d) preserves raising the matters later by answer unless the court disposed of the motion on its merits, and states that failure to raise them by motion does not preclude raising them by answer.

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.

• Identify the claim, responding party and listed Section 2-619 ground.
• Establish the applicable summons-response procedure and any order granting pleading time.
• Read the actual dispositive-motion cutoff and any later ruling changing it.
• Section 2-619(a) requires an affidavit when the grounds do not appear on the face of the attacked pleading. Rule 191(a) requires personal knowledge, admissible facts and the specified supporting documents.
• Rule 191(a) requires Section 2-619 motions before the last date set for dispositive motions. An extended pleading time does not itself establish a changed cutoff.
• Section 2-619(d) preserves raising the matters later by answer unless the court disposed of the motion on its merits, and states that failure to raise them by motion does not preclude raising them by answer.
• 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.
• File the motion with the proper grounds and supporting affidavits where required. Serve the motion, file proof, and preserve the actual pleading and dispositive-motion directions. File with the proper clerk in the required format. Rule 9 ordinarily requires civil electronic filing, subject to its exceptions and exemptions. Rule 9(f) ordinarily requires submission before midnight in the court time zone unless a statute, rule or actual order specifies a different time. A submission on a closed clerk day ordinarily receives the next open-day stamp. Preserve the actual electronic file mark, receipt and any filing-relief order. Filing and service are distinct acts.