![]() ![]() For example, a cause of action for a civil assault requires the plaintiff to plead the following elements: Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action. In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. 2-615 Motions and 2-619 Motions serve different purposes. ![]() The names of these motions are based on the statute that provides for them (735 ILCS 5/2-615 and 735 ILCS 5/2-619, respectively). There are two types of Motions to Dismiss: 2-615 Motions and 2-619 Motions. After the Complaint has been filed, the defendant can either file an Answer, which admits or denies the allegations of the plaintiff and raises any affirmative defenses that would defeat the plaintiff's claims or the defendant can file a Motion to Dismiss, which states that there is either a defect in the Complaint or some other affirmative matter which requires the court to dismiss the case. The Complaint lays out the relevant allegations in the case that would entitle the plaintiff to a claim against the defendant. A lawsuit is initiated in Illinois when the plaintiff files a document called a Complaint, stating a cause of action that would entitle the plaintiff to relief from the court and requesting damages or other relief from the court.
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