procedural guides

Amended Answer in Illinois Circuit Court–At A Glance

Use this “At A Glance Guide” to learn the statewide rules of civil procedure  applicable to amended answers in Illinois Circuit Court.  For more detailed information, including local rules, on amended answers in a specific Illinois Circuit Court, please see the SmartRules Amended Answer guides for the court where your action is pending.

Amended Answer Rules

Just and Reasonable Terms

Amendments to pleadings may be allowed on just and reasonable terms. There is no right to amendment without leave of court as exists under the Federal Rules of Civil Procedure.

Amendment to Conform to Proof

An amendment to conform to proof may be made upon terms as to costs and continuance that may be just.

Misnomer of Party

Misnomer of a party is not a ground for dismissal but the name of any party may be corrected at any time, before or after judgment, on motion, upon any terms and proof that the court requires.

Before or After Summary Judgment

Before or after the entry of a summary judgment, the court shall permit pleadings to be amended upon just and reasonable terms.

Wrong Remedy Sought in Civil Action

Where relief is sought and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitled the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms.

Wrong Remedy Sought in Attachment Action

Where relief is sought in an action for attachment and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has pleaded or established facts which entitle the plaintiff to relief but that the plaintiff has sought the wrong remedy, the court shall permit the pleadings to be amended, on just and reasonable terms.

Relation Back

Same Transaction or Occurrence

The cause of action, cross claim or defense set up in any amended pleading shall not be barred by lapse of time if the time prescribed or limited had not expired when the original pleading was filed, and if it shall appear from the original and amended pleadings that the cause of action asserted, or the defense or cross claim interposed in the amended pleading grew out of the same transaction or occurrence set up in the original pleading, even though the original pleading was defective in that it failed to allege the performance of some act or the existence of some fact or some other matter which is a necessary condition precedent to the right of recovery or defense asserted, if the condition precedent has in fact been performed, and for the purpose of preserving the cause of action, cross claim or defense set up in the amended pleading, and for that purpose only, an amendment to any pleading shall be held to relate back to the date of the filing of the original pleading so amended.

Claim Against New Party

A cause of action against a person not originally named a defendant is not barred by lapse of time under any statute or contract prescribing or limiting the time within which an action may be brought or right asserted, if all the following terms and conditions are met:

(1) the time prescribed or limited had not expired when the original action was commenced;

(2) the person, within the time that the action might have been brought or the right asserted against him or her plus the time for service permitted under Supreme Court Rule 103(b), received such notice of the commencement of the action that the person will not be prejudiced in maintaining a defense on the merits and knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him or her; and

(3) it appears from the original and amended pleadings that the cause of action asserted in the amended pleading grew out of the same transaction or occurrence set up in the original pleading, even though the original pleading was defective in that it failed to allege the performance of some act or the existence of some fact or some other matter which is a necessary condition precedent to the right of recovery when the condition precedent has in fact been performed, and even though the person was not named originally as a defendant.

For the purpose of preserving the cause of action under those conditions, an amendment adding the person as a defendant relates back to the date of the filing of the original pleading so amended.

Timing

At any time before final judgment amendments may be allowed.

A pleading may be amended at any time, before or after judgment, to conform the pleadings to the proofs.

Amendments to the pleadings must be considered at the Case Management Conference.

Additional Requirements

SmartRules guides cover additional requirements including:

Types of permissible amendments

Prior pleadings

Claims against new parties

Actions against beneficiaries of land trust

Order and type of pleadings

Joinders

Causes of action

Pleadings in equity

Exhibits

Jury demands

Pleading the answer

Bill of particulars

Special requirements for particular matters

Form & format of papers

Rule 131(d) required information

Notice of claim of unconstitutionality

Filing & service

Confidential information