Motion to Strike in Illinois

What Is a Motion to Strike?

Understanding the Purpose and Significance of a Motion to Strike

“A motion to strike a complaint as being substantially insufficient in law raises the issue of whether the complaint states a cause of action.” (Golly v. Eastman (In re Estate of Dimatteo) (2013) 374 Ill. Dec. 281, 291 citing Janes v. First Federal Savings & Loan Ass'n of Berwyn (1974) 57 Ill.2d 398, 406.)

“Often, [courts] say that a pleading or a portion thereof is ‘dismissed.’ This is incorrect. Pleadings are stricken in whole or in part; only actions are dismissed. The dismissal of a complaint cannot be equated with a striking of a party's pleading and this distinction is a substantive one which has long been recognized in Illinois. (Golly v. Eastman (In re Estate of Dimatteo) (2013) 374 Ill. Dec. 281, 291 citing Bejda v. SGL Industries, Inc. (1980) 82 Ill.2d 322, 328.)

Procedural Steps Involved in Filing a Motion to Strike

A motion to strike is properly filed under 735 ILCS 5/2- 615. (Id.)

The rule requires the moving party to specify the defects, whether factual or legal, upon which the motion to strike is based. (See, e.g., Golly v. Eastman (In re Estate of Dimatteo) (2013) 374 Ill. Dec. 281, 291 [“If a pleading or a division thereof is objected to by a motion to dismiss or for judgment or to strike out the pleading, because it is substantially insufficient in law, the motion must specify wherein the pleading or division thereof is insufficient.”]; Id., citing 735 ILCS 5/2–615(b) [West 2010].)

Standard of Review and Burdens of Proof for a Motion to Strike

“[W]hen the trial court rules on a motion to strike a Rule 191 affidavit in conjunction with a summary judgment motion, we review de novo the trial court's ruling on the motion to strike.” (Jackson v. Graham (2001) 323 Ill. App. 3d 766, 774.)

“While an order which merely sustains a motion to strike is not final and appealable, where a final order of dismissal of the suit follows the ruling on the motion to strike, it is sufficient evidence of an election to stand by the complaint.” (Doner v. Phoenix Land Bank (1942) 381 Ill. 106, 109 [internal citations omitted].)

Legal Precedents and Case Law on Motions to Strike

“It is the settled law that a motion to strike is in the nature of a general demurrer and it admits the truth of facts properly pleaded in the complaint.” (Industrial Nat. Bank v. Shalin (1947) 330 Ill. App. 498, 501.)

“The denial of a motion to strike or dismiss, of itself, is not a final and appealable order within the purview of the Civil Practice Act or Supreme Court Rules 307 and 308. It is a mere interlocutory order, which does not finally dispose of the proceeding so as to give this court jurisdiction on appeal.” (George F. Mueller Sons, Inc. v. Daly (1970) 124 Ill. App. 2d 265, 267 citing [among other cases] Chicago Housing Authority v. Abrams, 409 Ill. 226, 228.)

Documents for Motion to Strike in Illinois

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Felipe Gomez-vs-Kevin Besetzny, ESQ document preview

For Discovery - Complaint Fraud and Deceipt (Bestezy) and Respondent in Di…

45 pages

Law Division Motion Section Initial Case Management Dates for CALENDARS (A,B,C,D,E,F,H,R,X,Z) will be heard In Person. All other Law Division Initial Case Management Dates will be heard via Zoom For more information and Zoom Meeting IDs go to https.//www.cookcountycourt,org/HOME?Zoom-Links?Agg4906_SelectTab/12 Court Date: 7/10/2024 11:00 AM FILED …