#Request for a bill of particulars code

Is the pleading that governs an Illinois divorce, a Petition For Dissolution of Marriage, ever subject to a Demand For A Bill Of Particulars?Īn Illinois Petition For Dissolution Of Marriage must contain certain allegations in order to be sufficient in order to obtain a Judgment For Dissolution Of Marriage.

“If the pleader does not file and serve a bill of particulars within 28 days of the demand, or if the bill of particulars delivered is insufficient, the court may, on motion and in its discretion, strike the pleading, allow further time to furnish the bill of particulars or require a more particular bill to be filed and served.” 735 ILCS 5/2-607(a) The pleader shall have 28 days to file and serve the bill of particulars, and the party who requested the bill shall have 28 days to plead after being served with the bill.” 735 ILCS 5/2-607(a)įailure to file a Bill of Particulars after a Demand For A Bill of Particulars may cause the petition to be dismissed for being impossible to properly answer. The notice shall point out specifically the defects complained of or the details desired. “Within the time a party is to respond to a pleading, that party may, if allegations are so wanting in details that the responding party should be entitled to a bill of particulars, file and serve a notice demanding it. To request a Bill Of Particulars In Illinois, a Respondent may file a Demand For A Bill Of Particulars before the Respondent’s Answer is due. Therefore, it’s imperative that a pleading be specific enough to answer properly without improperly admitting or denying the allegation. “Every allegation, except allegations of damages, not explicitly denied is admitted, unless the party states in his or her pleading that he or she has no knowledge thereof sufficient to form a belief, and attaches an affidavit of the truth of the statement of want of knowledge, or unless the party has had no opportunity to deny.” 735 ILCS 5/2-610(b) If a pleading’s allegation is not answered, that allegation will be considered admitted by the Respondent.

“Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates.” 735 ILCS 5/2-610(a) Pleadings need to be clear because the respondent is required to answer a pleading. Skinner Engineering Co., 254 NE 2d 133 – Ill: Appellate Court, 2nd Dist. “The object of a bill of particulars is to supply a deficiency in a pleading…It is where the allegations of a pleading are wanting in details, that the opposite party is entitled to a bill of particulars.” Hemingway v. The point of a more detailed pleading is so that the responding party can adequately and accurately answer the pleading. In layman’s terms, a Bill Of Particulars is a more detailed pleading.

#Request for a bill of particulars code

One the Code Of Civil Procedure’s tools is the Bill Of Particulars.Ī Bill Of Particulars is “ written statement or specification of the particulars of the demand for which an action at law is brought, or of a defendant’s set-off against such demand, (including dates, sums, and items in detail,) furnished by one of the parties to the other, either voluntarily or in compliance with a judge’s order for that purpose.” Black’s Law Dictionary (10th ed. But, often the Code of Civil Procedures does not apply (or barely applies) to an Illinois divorce action. The Illinois Code Of Civil Procedure provides for all sorts of rules and regulations that sometimes apply to an Illinois divorce. The Illinois Code of Civil Procedure “applies…In proceedings in which the procedure is regulated by statutes other than those contained in this Act, such other statutes control to the extent to which they regulate procedure but Article II of this Act applies to matters of procedure not regulated by such other statutes.” 735 ILCS 5/1-108 The Illinois Marriage And Dissolution of Marriage Act is not the only body of law that governs an Illinois divorce, however. Most issues in an Illinois divorce are governed by the 750 ILCS 5, The Illinois Marriage And Dissolution of Marriage Act.