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Ray
Ray, Lawyer
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Experience:  30 years in civil, probate, real estate, elder law
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Can you reply to a response to a motion illinois small

Customer Question

can you reply to a response to a motion illinois small claims
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The Illinois Courts have this type of thing set forth in the local rules, rather than in statewide rules. What judicial district is your case being heard in? And what type of motion is it?

Customer: replied 1 year ago.
It is an lm case in small claims in champaign county. It is 6th district in illinois
Customer: replied 1 year ago.
Sixth judicial district
Expert:  Lucy, Esq. replied 1 year ago.

Thank you. The Rules for the Sixth District don't say anything that talks about motions in small claims court or replies to motions, so I'm going to opt out and see if another expert has the answer. Generally, a person needs the judge's permission to file a reply to a response to a motion, but I'm not finding a rule that I can cite for you.

Expert:  Ray replied 1 year ago.

Hi Ray a new expert here.

I see nothing in the rules that prohibits a response here.If you have things you want to refute then file a reply to the response. Also you are able t amend your original motion if there is a technical problem.In that case you title it first amended motion to.....So either way you can have the last say if you need to respond to it here.

Expert:  Ray replied 1 year ago.

Illinois rules of procedure that should apply since no local rules.

(735 ILCS 5/2-615) (from Ch. 110, par. 2-615)
Sec. 2-615. Motions with respect to pleadings. (a) All objections to pleadings shall be raised by motion. Themotion shall point out specifically the defects complained of, and shallask for appropriate relief, such as: that a pleading or portion thereofbe stricken because substantially insufficient in law, or that theaction be dismissed, or that a pleading be made more definite andcertain in a specified particular, or that designated immaterial matterbe stricken out, or that necessary parties be added, or that designatedmisjoined parties be dismissed, and so forth.
(b) If a pleading or a division thereof is objected to by a motionto dismiss or for judgment or to strike out the pleading, because it issubstantially insufficient in law, the motion must specify wherein thepleading or division thereof is insufficient.
(c) Upon motions based upon defects in pleadings, substantialdefects in prior pleadings may be considered.
(d) After rulings on motions, the court may enter appropriate orderseither to permit or require pleading over or amending or to terminatethe litigation in whole or in part.
(e) Any party may seasonably move for judgment on the pleadings.
(Source: P.A. 82-280.)

(735 ILCS 5/2-616) (from Ch. 110, par. 2-616)
Sec. 2-616. Amendments.
(a) At any time before final judgment amendments may be allowed onjust and reasonable terms, introducing any party who ought to have beenjoined as plaintiff or defendant, dismissing any party,changing the cause of action or defense or adding new causesof action or defenses, and in any matter, either of form or substance,in any process, pleading, bill of particulars or proceedings, which mayenable the plaintiff to sustain the claim for which it was intended tobe brought or the defendant to make a defense or assert a cross claim.
(b) The cause of action, cross claim or defense set up in anyamended pleading shall not be barred by lapse of time under any statuteor contract prescribing or limiting the time within which an action maybe brought or right asserted, if the time prescribed or limited had notexpired when the original pleading was filed, and if it shall appearfrom the original and amended pleadings that the cause of actionasserted, or the defense or cross claim interposed in the amendedpleading grew out of the same transaction or occurrence set up in theoriginal pleading, even though the original pleading was defective inthat it failed to allege the performance of some act or the existence ofsome fact or some other matter which is a necessary condition precedentto the right of recovery or defense asserted, if the condition precedenthas in fact been performed, and for the purpose of preservingthe cause of action, cross claim or defense set up in theamended pleading, and for that purpose only, an amendment to anypleading shall be held to relate back to the date of the filing of theoriginal pleading so amended.
(c) A pleading may be amended at any time, before or after judgment,to conform the pleadings to the proofs, upon terms as to costs andcontinuance that may be just.
(d) A cause of action against a person not originally named adefendant is not barred by lapse of time under any statute or contractprescribing or limiting the time within which an action may be broughtor right asserted, if all the following terms and conditions are met:(1) the time prescribed or limited had not expired when the originalaction was commenced; (2) the person, within the time that the action mighthavebeen brought or the right asserted against him or her plus the time forservice permitted under Supreme Court Rule 103(b),received such notice of the commencementof the action that the person will not be prejudiced in maintaining a defenseon the merits and knew or should have known that, but for a mistake concerningthe identity of the proper party, the action would have been brought againsthim or her; and (3) it appearsfrom the original andamended pleadings that the cause of action asserted in the amendedpleading grew out of the same transaction or occurrence set up in theoriginal pleading, even though the original pleading was defective inthat it failed to allege the performance of some act or the existence ofsome fact or some other matter which is a necessary condition precedentto the right of recovery when the condition precedent has in fact beenperformed, and even though the person was not named originally as adefendant. For the purpose of preserving the cause of action under thoseconditions, an amendment adding the person as a defendant relates backto the date of the filing of the original pleading so amended.
(e) A cause of action against a beneficiary of a land trust notoriginally named a defendant is not barred by lapse of time under anystatute or contract prescribing or limiting the time within which an actionmay be brought or right asserted, if all the following terms and conditionsare met: (1) the cause of action arises from the ownership, use orpossession of real estate, record title whereto is held by a land trustee;(2) the time prescribed or limited had not expired when the original actionwas commenced; (3) the land trustee of record is named as a defendant; and(4) the plaintiff proceeds with reasonable diligence subsequent to thecommencement of the action to serve process upon the land trustee, todetermine the identity of the beneficiary, and to amend the complaint toname the beneficiary as a defendant.
(f) The changes made by this amendatory Act of the 92nd General Assemblyapply to all complaints filed on or after the effective date of this amendatoryAct, and to complaints filed before the effective date of this amendatory Actif the limitation period has not ended before the effective date.
(Source: P.A. 92-116, eff. 1-1-02.)

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

All rules for your reference

http://www.illinoiscourts.gov/supremecourt/Rules/Art_II/default.asp

You can file a reply here to their response and/or amend your pleading if there is defect. Thanks again.

Expert:  Ray replied 1 year ago.

Here are the general rules for 6th district, they do not mention small claims so you can file a reply here, it is not prohibited.

Rule 2.1 Motion Practice(a) Filing.

All motions shall be filed with the Clerk of the Court prior to their presentment to the Court. In any cause of action, the Court may

designate a date by which all motions are to be filed. A motion may not

be filed subsequent to that date except by leave of court. The title to

each motion shall indicate the relief sought.

(b) Allotment for Hearing.

With the exception of emergency matters or by leave of court, no motion shall be

heard unless previously allotted for hearing on the Court's calendar.

(c) Oral Argument.

The allowance of oral arguments upon motions shall

be discretionary with the Court. In each case the assigned judge may fix

a briefing schedule and decide a motion without hearing oral arguments.

(d) Notice.

Written notice of hearing on all motions shall be given by the

party requesting the hearing to all parties who have appeared and have

not theretofore been defaulted for failure to plead, and to all parties

whose time to appear has not expired on the date of notice. Notice shall

be given in the manner and to those prescribed in Supreme Court Rule

11.

14

(e) Content of Notice.

The notice of hearing shall contain the title and number of the cause of action, date

and time when the motion will be heard and designated courtroom, and shall include a short statement of

the nature of the motion. A copy of any written motion and of all papers

presented therewith, or a statement that they have been previously

served, shall be served with the notice.

(f) Time of Notice.

Unless otherwise ordered by the Court, notice by personal service, by U.S. Mail, facsimile

or electronic mail shall be made not less than fourteen (14) days prior to the hearing.

Proof of personal service or mailing shall be filed with the Circuit Clerk.

(g) Ex Parte and Emergency Motions.

Every complaint or petition

requesting an ex parte order for the appointment of a receiver,

temporary restraint, preliminary injunction, or any other emergency

relief, shall be filed in the Office of the Circuit Clerk, if during court

hours, before presentment to the Court. Emergency motions and

motions which, by law, may be made exparte, may, at the discretion of

the Court, be heard without giving notice.

(h) Failure to Call Motions for Hearing.

The burden of obtaining an allotment for hearing or briefing schedule

is on the party making the motion in a civil case. If an allotment for hearing is not obtained by the

moving party within ninety (90) days from the date it is filed, the court

may deem the motion withdrawn and deny the relief requested with, or

without, leave to refile.

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