Illinois motions to dismiss: 2-615, 2-619, and the combined motion under 2-619.1

Illinois doesn't have a single motion to dismiss. It has two, doing different jobs, and a third section governing what happens when you file them together. Filing under the wrong section is a common and avoidable error, because the two motions ask the court to look at different things.

Section 2-615 — the pleading is defective on its face

735 ILCS 5/2-615(a): "All objections to pleadings shall be raised by motion. The motion shall point out specifically the defects complained of, and shall ask for appropriate relief."

The subsection lists the relief available: striking a pleading or a portion of it as substantially insufficient in law; dismissing the action; requiring a pleading to be made more definite and certain in a specified particular; striking designated immaterial matter; adding necessary parties; dismissing designated misjoined parties.

Specificity is required. 2-615(b): if a pleading is objected to because it is substantially insufficient in law, "the motion must specify wherein the pleading or division thereof is insufficient." A motion asserting generally that the complaint fails to state a cause of action doesn't meet that requirement.

2-615(c) allows the court, on motions based on defects in pleadings, to consider substantial defects in prior pleadings.

2-615(d): after ruling, "the court may enter appropriate orders either to permit or require pleading over or amending or to terminate the litigation in whole or in part."

2-615(e): "Any party may seasonably move for judgment on the pleadings."

The defining feature of a 2-615 motion is its universe. It tests the pleading as written. Evidence outside the pleading has no place in it.

Section 2-619 — something outside the pleading defeats the claim

735 ILCS 5/2-619(a): "Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds. If the grounds do not appear on the face of the pleading attacked the motion shall be supported by affidavit."

That sentence is the structural difference. A 2-619 motion can rest on facts outside the complaint, and when it does, it must be supported by affidavit.

The nine grounds:

1. the court lacks subject-matter jurisdiction, provided the defect can't be cured by transfer;
2. the plaintiff lacks legal capacity to sue, or the defendant lacks capacity to be sued;
3. another action is pending between the same parties for the same cause;
4. the cause of action is barred by a prior judgment;
5. the action wasn't commenced within the time limited by law;
6. the claim has been released, satisfied of record, or discharged in bankruptcy;
7. the claim is unenforceable under the Statute of Frauds;
8. the claim is unenforceable because of minority or other disability;
9. the claim is barred by other affirmative matter avoiding the legal effect of or defeating the claim.

Ground (9) is the catch-all, and the phrase that does the work is "affirmative matter" — something that defeats the claim rather than merely contradicting the plaintiff's allegations.

2-619(b): a similar motion may be made by any other party against whom a claim is asserted.

What happens on disputed facts. 2-619(c): if the opposing party presents affidavits or other proof denying the alleged facts or establishing facts obviating the grounds of defect, the court may hear and determine the motion. "If a material and genuine disputed question of fact is raised the court may decide the motion upon the affidavits and evidence offered by the parties, or may deny the motion without prejudice to the right to raise the subject matter of the motion by answer."

So a genuine factual dispute doesn't automatically defeat a 2-619 motion, but it gives the court the option to send the issue to an answer instead.

Telling them apart

The practical test: if the argument requires the judge to look at a document, a date, or a fact that isn't in the complaint, it belongs in 2-619, not 2-615.

Combining them — Section 2-619.1

735 ILCS 5/2-619.1:

Motions with respect to pleadings under Section 2-615, motions for involuntary dismissal or other relief under Section 2-619, and motions for summary judgment under Section 2-1005 may be filed together as a single motion in any combination. A combined motion, however, shall be in parts. Each part shall be limited to and shall specify that it is made under one of Sections 2-615, 2-619, or 2-1005. Each part shall also clearly show the points or grounds relied upon under the Section upon which it is based.

Three formatting requirements, all mandatory in terms:

In parts. Not a single undivided argument.

Each part labeled and limited. Each part specifies which section it's brought under, and is limited to that section.

Each part shows its own grounds. The points relied on under that section have to be clearly shown within that part.

Section 2-619.1 exists because combined motions that blur the sections make it impossible to tell which standard the court should apply to which argument. A motion that mixes them is vulnerable on form alone, independent of its merits.

Note the third member of the set: summary judgment under Section 2-1005 may also be combined, in its own labeled part.

Timing

Both motions are filed "within the time for pleading." Section 2-619(a) says so expressly; Section 2-615 objections are raised by motion in the ordinary course of responding to a pleading.

Illinois Supreme Court Rule 181 sets the appearance and pleading deadline after service of summons, and Rule 183 governs extensions. Those are Supreme Court Rules rather than provisions of the Code of Civil Procedure.

Default, if nothing is filed

735 ILCS 5/2-1301 governs judgments, including default. Subsection (a) directs the court to determine the rights of the parties and grant any affirmative relief a party is entitled to on the pleadings and proofs.

Section 2-1301 also contains the provisions on setting aside a default: the court may, on motion filed within 30 days after entry, set aside any final order or judgment on terms and conditions that shall be reasonable — and before final order or judgment, may in its discretion set aside any default on terms that are reasonable.

After 30 days, relief moves to 735 ILCS 5/2-1401, the petition for relief from judgment, which has its own requirements and a two-year outer limit subject to the exceptions stated in that section.

Amending after a ruling

735 ILCS 5/2-616 governs amendments, allowing them on just and reasonable terms at any time before final judgment, including changing the cause of action or defense and adding new causes of action or defenses. Section 2-615(d)'s authority to "permit or require pleading over or amending" after ruling on a motion connects to it.

A dismissal under either section is frequently followed by leave to replead, so the practical question after a granted motion is usually what the order says about amending, not whether the case is over.

Where these rules live

• 735 ILCS 5/2-615 — Motions With Respect to Pleadings
• 735 ILCS 5/2-616 — Amendments
• 735 ILCS 5/2-619 — Involuntary Dismissal
• 735 ILCS 5/2-619.1 — Combined Motions
• 735 ILCS 5/2-1301 — Judgments; Default
• 735 ILCS 5/2-1401 — Relief From Judgments

The Illinois courts publish self-help material at illinoiscourts.gov, and Illinois Legal Aid Online maintains guidance for people sued in debt cases. This page explains what the statutes say. It isn't legal advice.