Illinois Motions to Dismiss Under 2-615, 2-619 & 2-619.1

To end an Illinois civil case before discovery or trial, a defendant can file an Illinois motion to dismiss under one of three sections of the Code of Civil Procedure. Section 2-615 challenges how the complaint is written. Section 2-619 raises an outside fact or defense that defeats the claim even if the complaint is written correctly. Section 2-619.1 lets a defendant combine both attacks in a single filing. The choice matters because each motion follows different rules, applies a different standard, and requires different supporting materials.¹²³

Section 2-615: Attacking the Complaint Itself

A 2-615 motion asks the court to look only at the complaint and decide whether it states a valid legal claim. The judge accepts every well-pleaded fact as true, draws reasonable inferences in the plaintiff’s favor, and asks whether the law provides any remedy on those allegations. If not, the complaint fails. The motion has to point to specific defects, not object generally that the pleading is thin.¹

No outside evidence enters the picture. No affidavits, no contracts, no deposition transcripts. The court reads nothing beyond the four corners of the complaint. Attaching outside material can convert the motion into something else and derail the argument.

Illinois Fact-Pleading Standard

Illinois is a fact-pleading state. A complaint must allege specific facts that bring the claim within a recognized cause of action, not just legal conclusions. A complaint saying “the defendant was negligent” without describing what the defendant actually did wrong is the kind of filing that gets dismissed under 2-615. This is stricter than the federal “plausibility” test. In Illinois, the question is whether any set of facts consistent with the allegations would entitle the plaintiff to relief.¹

What the Judge Can Order

Dismissal is not the only outcome. The statute lets the court order the plaintiff to replead, require a more specific statement on a particular issue, strike immaterial allegations, or terminate part or all of the case.¹ Judges typically give plaintiffs at least one chance to fix an insufficient complaint before dismissing with prejudice, which permanently bars refiling.

Section 2-619: Dismissal Based on an Outside Defense

A 2-619 motion works from a different premise. The defendant essentially concedes, for the sake of argument, that the complaint is well-pleaded, then points to an external fact that kills the case anyway. The statute lists nine grounds.²

Lack of subject matter jurisdiction that cannot be cured by transfer.
Lack of legal capacity to sue or be sued.
Another pending action between the same parties over the same dispute.
A prior judgment that bars relitigation.
Untimely filing. Personal injury claims, for example, must be filed within two years of the injury.⁴
Release, satisfaction, or bankruptcy discharge of the claim.
Statute of Frauds: the claim depends on a contract the law requires to be in writing, and no writing exists.
Minority or other disability of the defendant.
Other affirmative matter avoiding or defeating the claim.

Grounds one through eight are narrow and specific. Ground nine is the workhorse. Defendants invoke it for waiver, estoppel, immunity, accord and satisfaction, illegality, and any other defense that does not fit the first eight. The affirmative matter has to be something outside the complaint, and the defendant has to prove it.²

Affidavits and Burden of Proof

When the defense is not apparent from the face of the complaint, the motion must be supported by an affidavit. The defendant carries the burden. This is where 2-619 motions get document-heavy: signed releases, prior court orders, bankruptcy discharge papers, and other records that establish the defense.²

Any affidavit filed in support must comply with Illinois Supreme Court Rule 191(a). The signer must have personal knowledge of the facts. The affidavit must state specific facts admissible as evidence, not legal conclusions. Every document referenced has to be attached as a sworn or certified copy. And the affidavit must show the signer could testify to these facts as a witness. If no one person has firsthand knowledge of everything, use multiple affidavits.⁵ An affidavit that misses these requirements can be stricken, which often takes the whole motion down with it.

If the plaintiff files counter-affidavits disputing the defendant’s facts, the court decides whether a genuine factual dispute exists. When one does, the judge can resolve it on the affidavits or deny the motion without prejudice and send the issue to trial. If either side has demanded a jury, the court must deny the motion and let a jury decide the disputed fact.²

Section 2-619.1: Combining Both Attacks

When the complaint is poorly pleaded and an affirmative defense also bars the claim, Section 2-619.1 lets the defendant raise both in one motion. A summary judgment argument under Section 2-1005 can also be included.³

The statute requires strict separation. The combined motion must be divided into parts, each labeled with the specific section it invokes, and each part must lay out its specific grounds. The 2-615 part cannot borrow facts from the 2-619 part, because the pleading-sufficiency analysis is confined to the complaint. Courts have struck combined motions, or refused to consider portions of them, when a defendant blends the two arguments without clear separation.³

At the hearing, the court usually evaluates the 2-615 portion first on the face of the complaint, then turns to the 2-619 portion with outside evidence in view.

Filing, Timing, and Briefing

Section 2-619 requires the motion to be filed “within the time for pleading,” which generally means within the deadline to respond to the complaint. The exact deadline depends on how the defendant was served and whether any extensions have been granted.²

Civil filings in Illinois go through the state’s electronic filing system, using a certified Electronic Filing Service Provider, unless an exemption applies. Upload the motion, supporting memorandum, and any affidavits or exhibits, then serve every other party and provide written notice of the hearing.⁶

Briefing schedules vary by circuit. In Cook County’s Law Division, the responding party has 28 days to file an answering memorandum and the moving party has 10 days to reply.⁷ Check the local rules of the circuit where the case is pending. Once briefing closes, the court holds oral argument and either rules from the bench or takes the matter under advisement.

After the Ruling

When a court grants a 2-615 motion, the plaintiff usually gets a chance to replead. Section 2-615(d) gives the judge discretion to permit or require amendment, and Section 2-612 reinforces that no pleading is defective if it reasonably informs the other side of the claim.¹⁸ A plaintiff who files repeated amended complaints without curing the fundamental deficiency eventually faces a dismissal with prejudice.

A 2-619 dismissal often lands with prejudice from the outset. If the statute of limitations has run or a valid release exists, no amount of repleading can fix it.

Either type of dismissal can be appealed. Illinois appellate courts review both 2-615 and 2-619 rulings de novo, applying the same legal standards fresh rather than deferring to the trial judge’s reasoning.

1
Illinois General Assembly. Illinois Code 735 ILCS 5/2-615 – Motions With Respect to Pleadings
2
Illinois General Assembly. Illinois Code 735 ILCS 5/2-619 – Involuntary Dismissal Based Upon Certain Defects or Defenses
3
FindLaw. Illinois Code 735 ILCS 5/2-619.1 – Combined Motions
4
FindLaw. Illinois Code 735 ILCS 5/13-202 – Personal Injury Actions
5
Illinois Courts. Illinois Supreme Court Rule 191
6
Illinois Courts. Information for Filers Without Lawyers
7
Cook County Court. Part 2 – Hearing of Motions
8
FindLaw. Illinois Code 735 ILCS 5/2-612 – Insufficient Pleadings