Illinois Motion to Dismiss
In Illinois you move to dismiss under 735 ILCS 5/2-615 for pleading defects or 2-619 on affirmative matter.
Introduction
In Illinois the pre-answer dismissal vehicle is a motion to dismiss under the Code of Civil Procedure, and it runs on two distinct tracks. A motion under 735 ILCS 5/2-615 attacks defects in the pleading and tests whether the complaint states a cause of action, decided on the face of the complaint, and it must specify exactly where the pleading is insufficient. A motion under 735 ILCS 5/2-619 is an involuntary dismissal that admits the pleading is legally sufficient but raises an enumerated affirmative matter, such as the statute of limitations, lack of subject-matter jurisdiction, a prior judgment, a release, or the Statute of Frauds, and it must be supported by affidavit when the ground does not appear on the face of the complaint. A defendant may join both, plus a 2-1005 summary-judgment motion, in one combined motion under 735 ILCS 5/2-619.1, but each part must be clearly labeled and specify the section it is brought under. The motion is filed in lieu of an answer in the Circuit Court within the same 30-day appearance window the answer would use, under Ill. Sup. Ct. R. 181(a). Missing that window risks default. DocDraft drafts an Illinois-formatted motion from your facts, with attorney review available before you file.
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Key Things to Know
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The Illinois vehicle is a motion to dismiss under the Code of Civil Procedure, split into a 735 ILCS 5/2-615 motion for pleading defects and a 735 ILCS 5/2-619 motion for involuntary dismissal on affirmative matter, with combined motions allowed under 735 ILCS 5/2-619.1.
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A 2-615 motion challenges the legal sufficiency of the complaint on its face and must specify wherein the pleading is insufficient; a 2-619 motion enumerates nine grounds, including lack of subject-matter jurisdiction, no legal capacity to sue, another action pending, prior judgment, statute of limitations, release or discharge in bankruptcy, the Statute of Frauds, minority or disability, and other affirmative matter defeating the claim.
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The motion is filed in lieu of an answer within the same window, which for a general civil complaint is 30 calendar days from service; under Ill. Sup. Ct. R. 181(a) the defendant may appear by filing a motion within the 30-day period.
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A 2-619 motion must be filed within the time for pleading, so a defendant who needs more time after a ruling should request leave; the Code sets no automatic separate clock, and any extension to plead after denial is governed by the court and local circuit practice.
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Illinois has no statewide meet-and-confer precondition to filing a motion to dismiss in the Code of Civil Procedure or the Supreme Court Rules, but some circuits impose local motion-call procedures, so check the local rule for the county of filing.
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The most common ground is failure to state a cause of action, which is a 735 ILCS 5/2-615 motion arguing the complaint is substantially insufficient in law; the motion must point out specifically where the pleading falls short.
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File in the Circuit Court of the county named in the summons, in the Law or Municipal Division depending on county and amount in controversy; e-filing is mandatory for civil cases under Ill. Sup. Ct. R. 9(a) unless an exemption applies.
Key decisions before you file
Before you file a Motion to Dismiss in Illinois, a few decisions shape the document: which option to choose and what each one means. The Motion to Dismiss guide walks through them.
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Illinois Requirements for Motion to Dismiss
File within the 30-day appearance window, in lieu of an answer
The motion to dismiss is filed instead of an answer within the same appearance window. For a general civil complaint that is 30 calendar days from service. Under Ill. Sup. Ct. R. 181(a), when the summons requires appearance within 30 days, the defendant may appear by filing a motion within the 30-day period, and a 735 ILCS 5/2-619 motion must be filed within the time for pleading.
Confirm your service date to compute the deadline
Count 30 calendar days from the date you were served, exclusive of the day of service, to fix the last day to appear and file under Ill. Sup. Ct. R. 181(a). Confirm the exact service date and the response time stated in your summons before you calendar the deadline.
Choose the right track: 2-615, 2-619, or a combined 2-619.1 motion
Bring a 735 ILCS 5/2-615 motion for defects in the pleadings, including failure to state a cause of action, decided on the face of the complaint. Bring a 735 ILCS 5/2-619 motion for an enumerated affirmative matter. Under 735 ILCS 5/2-619.1 the two, plus a 2-1005 summary-judgment motion, may be combined in one motion, but each part must be clearly labeled and specify the section it is brought under.
Identify the specific 2-619 affirmative matter
735 ILCS 5/2-619 lists nine grounds: lack of subject-matter jurisdiction not curable by transfer; no legal capacity to sue or be sued; another action pending between the same parties for the same cause; a prior judgment; the statute of limitations; release, satisfaction of record, or discharge in bankruptcy; the Statute of Frauds; minority or other disability; and other affirmative matter avoiding or defeating the claim. State which subsection applies to your facts.
State precisely where the complaint is insufficient (2-615)
A 735 ILCS 5/2-615 motion arguing the complaint is substantially insufficient in law must specify wherein the pleading is insufficient. A general assertion that the complaint fails to state a claim is not enough; the motion must point out specifically the defects complained of.
Attach an affidavit when the 2-619 ground is not on the face of the complaint
Under 735 ILCS 5/2-619(a), if the grounds do not appear on the face of the pleading attacked, the motion must be supported by affidavit. Caption and document format follow Ill. Sup. Ct. R. 131, and the motion must be signed under Ill. Sup. Ct. R. 137.
Check the local circuit rules for briefing length and motion-call procedure
No statewide page limit or mandatory supporting-memorandum length for a 2-615 or 2-619 motion appears in the Illinois Supreme Court Rules; briefing format and any meet-and-confer or motion-call procedure are set by local circuit rule and vary by county, so check the local rules of the county where you file.
File in the Circuit Court named in the summons and e-file
File in the Circuit Court of the county named in the summons, in the Law or Municipal Division depending on county and amount in controversy. Illinois trial courts of general jurisdiction are the Circuit Courts. E-filing is mandatory for civil cases under Ill. Sup. Ct. R. 9(a) unless an exemption applies, and you must serve a copy on all parties of record.