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
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