Illinois procedural guides

Plain-English guides to the Illinois Code of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Illinois motions to dismiss: 2-615, 2-619, and the combined motion under 2-619.1Illinois splits the motion to dismiss in two. Section 2-615 attacks the pleading; Section 2-619 raises outside matter that defeats the claim. Combining them has its own rule and its own format.
• Setting aside an Illinois default: 30 days under 2-1301, two years under 2-1401Illinois gives 30 days to vacate a judgment on reasonable terms under 735 ILCS 5/2-1301. After that it takes a 2-1401 petition — a different filing, with affidavits and a two-year limit.
• Illinois summary judgment: 735 ILCS 5/2-1005 and the counteraffidavit you can file at the hearingIllinois sets no notice period for a summary-judgment motion in the statute and lets the opposing party file counteraffidavits at the hearing itself. Supreme Court Rules supply the rest.
• Responding to an Illinois complaint: 30 days, and why an unanswered allegation is admittedIllinois gives 30 days from service — counted from delivery, not mailing. And under 735 ILCS 5/2-610, any allegation you don't explicitly deny is admitted.
• Responding to an Illinois eviction: no written answer required, but you have to show upIllinois eviction summonses set an appearance date rather than a 30-day answer period, and the summons itself says no written answer is required unless the court orders one.
• Illinois discovery deadlines: 28 days across the board, and a sworn denial or it's admittedIllinois sets a uniform 28 days for interrogatories, document requests and requests to admit — and a request to admit is deemed admitted without a sworn denial.
• Illinois wage deduction: the cap, and the hearing you must ask for by the return dateIllinois caps a wage deduction at the lesser of 15% of gross weekly pay or the amount disposable earnings exceed 45 times the minimum wage — and a debtor who wants an exemption hearing must ask on or before the return date.
• The Illinois citation to discover assets: appear, or risk arrestA citation to discover assets under 735 ILCS 5/2-1402 compels a judgment debtor to appear and be examined — and the citation itself must warn that failing to appear can lead to arrest.
• Illinois requests to admit: 28 days, a sworn denial, and a warning that must be on the first pageIllinois Supreme Court Rule 216 deems facts admitted after 28 days — and requires the request to be a separate document carrying a boldface warning in 12-point type.
• Quashing an Illinois subpoena: the protective order is the tool, and witnesses have standingIllinois handles subpoena disputes through Rule 201(c) protective orders — available on the motion of any party or witness, and broad enough to deny, limit, condition or regulate the discovery.
• Illinois dismissal for want of prosecution: one year to refile, or the rest of the limitation period735 ILCS 5/13-217 gives a plaintiff whose case was dismissed for want of prosecution one year to refile — or the remaining limitation period, whichever is greater.
• The Illinois motion to compel: fees turn on a finding, not an exceptionIllinois Rule 219(a) awards fees only where the court finds the refusal was without substantial justification — and the same test applies against a movant whose motion fails.

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