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Motion to Dismiss in Illinois: 2-615 vs. 2-619

·

By

ACL


The short answer

Illinois has two main motions to dismiss. A section 2-615 motion argues that the complaint, taken as true, does not state a legal claim. A section 2-619 motion accepts the complaint’s sufficiency but raises an outside defense that defeats it, such as a missed deadline, a release, or lack of standing.

Why it matters

A well-chosen motion can end a weak case early or narrow it substantially. A poorly chosen one can educate the plaintiff about how to fix its complaint.

Where it fits in your case

At the start of a case, in place of or before answering the complaint.

What to expect

  • Fact pleading. Illinois is a fact-pleading state, so a complaint must allege facts supporting each element, not just conclusions.

  • Section 2-615. The court looks only at the complaint and its attachments.

  • Section 2-619. The court can consider affidavits and other evidence supporting the outside defense.

  • Combined motions. Illinois allows both types in a single combined motion, if each part is clearly identified.

  • Leave to amend. A first dismissal is often without prejudice, giving the plaintiff another chance to plead.

What to do now

  • Identify defenses that do not depend on disputed facts.

  • Consider whether winning a dismissal now would just lead to a stronger amended complaint.

  • Preserve threshold defenses, such as jurisdiction, at the outset.

  • Weigh the cost of motion practice against the likely benefit.

What we need from you

The complaint, related contracts or documents, and any facts supporting a defense such as a release or expired deadline.

Common misconceptions

  • “A dismissal means the case is over.” Often the plaintiff is allowed to amend.

  • “The court will weigh the evidence.” A section 2-615 motion assumes the complaint’s facts are true.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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