Index

• Author: Jennifer Duncan-Brice
• Pages: 619-712

(Rev. 12, 9/16)I -1

-A-

ACCIDENT REPORTS

Discovery, §§20:25, 20:82

ACCORD AND SATISFACTION

Contracts, §13:576

Defenses, §13:576

ACCOUNTANTS

Public accountant’s privilege, §21:390

ACCOUNTING MALPRACTICE

Statutes of limitations

limitations period, §3:370

minor or disabled person, §3:371

repose period, §3:372

ACCRUAL

Statutes of limitations

acknowledgment or promise to pay

account stated, §3:92

effect of part payment or new

promise, §3:90

requirements, §3:91

adverse possession, §3:151

continuing torts

definition, §3:80

torts that are continuing, §3:81

contract claims accrue on breach, §3:62

contract for installment payments, §3:63

defamation, §3:221

Discovery Rule, §3:120

effect of more than one remedy, §3:66

medical malpractice, §3:311

obtaining later accrual date, §3:65

personal injury, §3:232

statute runs from accrual of cause, §3:60

substance of claim determining nature of

claim, §3:282

tort claims accrue when plaintiff suffers

injury, §3:61

unwritten contracts, §3:282

when plaintiff commences suit, §3:64

ADMINISTRATIVE REVIEW

Forum non conveniens, §8:276

Sanctions, §14:472

Venue, §8:90

ADMINISTRATIVE TRIBUNALS

Human Rights Commission, §6:180

Illinois Commerce Commission, §6:170

Industrial Commission, §6:160

ADMISSIONS

Affidavits

failure to attach affidavit of lack of

knowledge, §13:461

Answers

admissions as evidence, §13:466

express admissions, §13:465

failure to attach affidavit of lack of

knowledge, §13:461

legal conclusions not deemed admitted,

§12:463

not well-pleaded facts, §13:464

responses deemed admissions, §13:460

response to motion may be deemed

answer, §13:462

Depositions

obtaining admissions, §23:24

Discovery disputes

failure to respond to request for

admissions, §27:84

inadequate responses, §27:85

Evidence

admissions as evidence, §13:466

Interrogatories

areas of inquiry, §25:102

Plaintiffs

failure to file a reply, §13:651

Requests for admissions

§§26:01-26:263

see REQUESTS FOR

ADMISSIONS

Summary judgment

admissible on motion, §30:320

admissions are binding only for pending

action, §30:322

deemed admission included, §30:321

oral argument admissions, §30:340

ADOPTION

Venue, §8:110

ADVERSE INTERESTS

Case assessment and valuation

Index

I-2 ILLINO IS PRE TRIAL PRACTICE

consider ethical factors, §1:63

ADVERSE POSSESSION

Statutes of limitations

accrual, §3:151

requirements, §3:150

AFFIDAVITS

Admissions

failure to attach affidavit of lack of

knowledge, §13:461

Answers

unknown facts, §13:450

Default judgments

motion to vacate, §31:171

Forum non conveniens, §8:323

Medical malpractice

plaintiff must file affidavit of merits,

§15:350

required contents of affidavit, §15:351

Motions

depositions, §14:46

form of affidavit, §14:41

judicial notice, §14:44

material facts not obtainable by affiant,

§14:42

objections, §14:45

reply briefs, §14:173

supporting facts, §14:40

testing an affidavit, §14:47

using exhibits, §14:43

Motions challenging defective pleadings,

§15:13

Motions to dismiss, §15:159

Physical and mental examinations

requesting exam, §24:192

Pleadings

medical malpractice, §13:360

preparing and filing complaints, §13:116

Preliminary injunctions

defendant’s affidavit, §16:161

dissolution of the PI, §16:204

preparing affidavits, §16:143

Service of process

challenging service, §9:296

service pursuant to special orders, §9:131

Summary judgment

admissible to establish material facts,

§30:220

affidavit cannot contradict deposition,

§30:228

attorney affidavits, §30:229

authenticity, §30:231

bad faith affidavits, §30:230

competency, §30:224

content requirements, §30:250

effective drafting, §30:270

experts, §30:240

failure to object, §30:226

form, §30:250

formal requirements, §30:222

improper material in affidavit, §30:227

not a necessity, §30:221

personal knowledge of affiant, §30:223

preparing the motion, §30:410

reply to response, §30:581

sworn or certified copies, §30:225

working with affiants, §30:260

Temporary restraining orders

dissolution of the TRO, §16:204

Unknown parties

requirements, §12:411

Venue

forum non conveniens, §8:323

transferring venue, §8:204

AFFIRMATIVE DEFENSES

Answers

defense may be raised by answer or

motion, §13:630

format, §13:435

Burden of proof

defendant has the burden of proof,

§13:523

Deadline for filing, §13:632

Defendants

burden of proof, §13:523

pleading facts, §13:527

Denial need not be pleaded as a defense,

§13:524

Denial of motion, §13:633

Matters of surprise, §13:521

Matters that require pleading, §13:520

Motions challenging defective pleadings,

§15:14

Motions to dismiss, §13:529

Must be pleaded with specificity, §13:525

Plaintiffs

reply of plaintiff, §13:526

Sanctions

possible sanctions, §13:528

Specific defenses, §13:631

INDEX I-3

(Rev. 12, 9/16)

Waiver

failure to plead waives the defense,

§13:522

AFTER ASSESSMENT AND VALUATION

Consider fee and cost arrangements, §1:110

Initial steps

if case rejected, §1:90

if case seems acceptable, §1:91

Prepare for case conference

construct preliminary case plan, §1:102

do further research, §1:101

goals and issues of conference, §1:100

Prepare to formalize attorney-client

relationship, §1:190

AGENTS

Defenses

dismissal of agent, §13:556

Physical and mental examinations

who is subject to exam, §24:31

Service of process

registered agents, §9:141

service on agents, §9:120

Settlements

multiparty settlements, §32:250

AIRCRAFT OPERATORS

Service of process

substituted service, §9:200

ALCOHOLISM TREATMENT

Therapist-patient communications

exceptions to privilege, §21:300

ALTERNATIVE DISPUTE RESOLUTION

Arbitration

see ARBITRATION

Mediation

see MEDIATION

AMENDING COMPLAINTS

Pleadings

see PLEADINGS

ANSWERS

Admissions

admissions as evidence, §13:466

express admissions, §13:465

failure to attach affidavit of lack of

knowledge, §13:461

legal conclusions not deemed admitted,

§13:463

not well-pleaded facts, §13:464

responses deemed admissions, §13:460

response to motion may be deemed

answer, §13:462

Affidavits

unknown facts, §13:450

Affirmative defenses

see AFFIRMATIVE DEFENSES

defense may be raised by answer or

motion, §13:630

format, §13:435

Attorneys

identification of attorney, §13:449

Bills of particulars

insufficient answer, §15:132

Conditions precedent

denying specific types of allegations,

§13:511

Counterclaims

legal requirements, §13:423

pleading after reply, §13:742

prayer for relief in counterclaim, §13:447

requirements, §13:740

time to file answer, §13:741

Damages

contesting only damages, §13:510

Denials

admission by omission, §13:491

alternative pleading of defenses, §13:482

attached exhibits, §13:504

bad-faith denial, §13:481

codefendants, §13:503

conclusory allegations, §13:507

condition precedent, §13:511

contesting only damages, §13:510

denial based on insufficient knowledge,

§13:492

explicit admission or denial, §13:490

incorporation by reference, §13:508

information and belief, §13:493

interpreting documents, §13:505

legal conclusions, §13:506

multi-allegation paragraphs, §13:500

narrative allegations, §13:501

prayer for relief, §13:509

specific types of allegations, §13:500

types of denials, §13:480, 13:490

vague or ambiguous allegations, §13:502

Discovery disputes

compelling answers, §27:80

Exhibits

attached exhibits, §13:504

Extension of time to answer