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List of Forms by Chapter
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Chapter 1 — The Attorney-Client Relationship
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Chapter 2 — Development of the Case on Facts and Law
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Chapter 3 — Settlement
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Chapter 4 — Jurisdiction of the Subject Matter
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Chapter 5 — Venue and Forum Non Conveniens
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Chapter 6 — Limitations
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Chapter 7 — Pleadings
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I. Introduction
- [7.1] Scope of Chapter
- [7.2] Designation of Pleadings
- [7.3] Initiating the Lawsuit — The Complaint
- [7.4] Responding to the Complaint — The Answer
- [7.5] Asserting a Cause of Action by the Defendant — The Counterclaim and Third-Party Complaint
- [7.6] Responding to New Matter Raised in the Answer — The Reply
- [7.7] Changing the Pleadings — Amendments and Supplemental Pleadings
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II. Initiating the Lawsuit — The Complaint
- [7.8] Pre-Drafting Considerations
- Drafting the Complaint
- [7.9] Overview/Contents
- [7.10] Caption
- [7.11] Introductory Paragraph
- [7.12] Suggested Caption and Introductory Paragraph in Case with Individual Plaintiff Suing Individual Defendant
- [7.13] Body — Factual Allegations
- [7.14] Prayer for Relief
- [7.15] Drafting the prayer — generally
- [7.16] Prayer for relief in a personal injury case
- [7.17] Prayer for punitive damages
- [7.18] Signature
- [7.19] Verification
- [7.20] Incorporation of Documents by Reference; Exhibits
- General Considerations
- [7.21] Fact Pleading Required
- [7.22] Distinguished from “notice pleading”
- [7.23] Ultimate facts distinguished from conclusions of law — examples
- [7.24] Ultimate facts distinguished from evidence
- [7.25] Complaint as a Judicial Admission
- [7.26] Use of Separate Counts
- [7.27] Example of Complaint Setting Forth Separate Causes of Action in Separate Counts
- [7.28] Use of Alternative Counts
- Specific Considerations
- [7.29] Forum Allegations
- When a Party Is Not an Individual
- [7.30] When a party is a corporation
- [7.31] When a party does business under an assumed name
- [7.32] When a party is a partnership
- [7.33] When a party is an unincorporated association
- [7.34] When a party is a government entity
- When plaintiff brings suit through a representative
- [7.35] Suing through a guardian
- [7.36] Suing through an executor or administrator
- [7.37] Suing in a class action
- [7.38] When plaintiff is in doubt as to which defendant is liable; respondents in discovery
- Examples of Pleadings for Specific Causes of Action
- [7.39] Negligence
- [7.40] Willful and Wanton Misconduct; Intentional Torts
- [7.41] Pleading a Statute; Statutory Duty Distinguished from a Statutory Cause of Action
- [7.42] Healing Art Malpractice
- [7.43] Fraud
- [7.44] Breach of Contract
- [7.45] Filing the Complaint and Service of Process
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III. Responding to the Complaint
- Pre-Answer Considerations
- [7.46] Objecting to Jurisdiction
- Forum Considerations
- [7.47] Removal
- [7.48] Sample Form of Removal Petition
- [7.49] Transfer of Venue
- [7.50] Forum Non Conveniens
- Vacation of Defaults
- [7.51] Within 30 Days of a Default Judgment or Before Default Judgment Is Entered
- [7.52] More Than 30 Days After a Default Judgment
- [7.53] Obtaining Leave To Appear and an Extension of Time To Answer
- [7.54] Suggested Form: Leave To Appear, Extension of Time To Answer
- [7.55] Motions in Lieu of Pleadings
- [7.56] Demand for Bill of Particulars
- Drafting the Answer
- [7.57] Overview/Contents
- Addressing Allegations of the Complaint
- Denials
- [7.58] General denials
- [7.59] Specific denials; suggested forms
- [7.60] Insufficient knowledge to form a belief
- [7.61] Suggested form to state lack of sufficient knowledge
- [7.62] Suggested affidavit when stating insufficient knowledge
- [7.63] Allegations directed to a codefendant in multi-defendant litigation
- [7.64] Admissions
- [7.65] Raising Defenses
- [7.66] Drafting the Defense Portion of an Answer
- [7.67] Special Defenses in Contract Actions
- [7.68] Asserting Inconsistent Defenses
- Counterclaims
- [7.69] Generally
- [7.70] Suggested Form
- [7.71] Signature
- [7.72] Verification
- [7.73] Third-Party Complaints
- [7.74] Filing
- IV. [7.75] Reply
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V. Amendments and Supplemental Pleadings
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Chapter 8 — Original Process and Appearance
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Chapter 9 — Interpleader
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Chapter 10 — Third-Party Practice
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Chapter 11 — Motions, Affidavits, and Orders
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Chapter 12 — New Parties
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Simon M. Baker
Simon M. Baker
Simon M. Baker is an associate at Sinars Slowikowski Tomaska LLC, in Chicago, and concentrates his practice in products liability, mass torts, and occupation injury claims. Mr. Baker is a member of the American Bar Association. He received his LL.B. from the University of East Anglia and his J.D. summa cum laude from DePaul University College of Law, where he was a member of the Order of the Coif and Editor of Articles, Notes and Comments for the DePaul Law Review.
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Rebecca E. Bennett
Rebecca E. Bennett
Rebecca E. Bennett is an associate at Nicolaides Fink Thorpe Michaelides Sullivan LLP, in Chicago, and concentrates her practice in insurance coverage. Ms. Bennett is a member of the American and Chicago Bar Associations, the Illinois Trial Lawyers Association, and the Women’s Bar Association of Illinois. She received both her B.A. and J.D. from DePaul University.
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Owen Blood
Owen Blood
Owen Blood is an Partner with Sinars Slowikowski Tomaska LLC, in Chicago, and focuses on civil litigation, products and premises liability claims, environmental and occupation exposures, and toxic tort claims. He is a member of the Chicago Bar Association, the Claims and Litigation Management Alliance, and is licensed in Illinois, Missouri, and Iowa. Mr. Blood received his B.S. from the University of Notre Dame and his J.D. from Tulane University Law School.
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David J. Handley
David J. Handley
David J. Handley is an associate at Tribler Orpett & Meyer, P.C., in Chicago, and focuses his practice on civil defense. Mr. Handley is a member of the Illinois State, Chicago, and DuPage County Bar Associations. He received his B.A. magna cum laude at the University of Illinois Urbana-Champaign and his J.D. cum laude at the University of Illinois College of Law.
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Timothy R. Herman
Timothy R. Herman
Timothy R. Herman is a Senior Attorney at Clark Hill PLC, in Chicago, and focuses his practice on business litigation, trusts and estates litigation, products liability, and class action defense. Mr. Herman is a member of the Chicago Bar Association and a member of the Bar’s Judicial Evaluation and Business Divorce Committees as well as a member of the 2016 Inaugural Leadership Institute. He has also be chosen as an Illinois Super Lawyers’ Rising Star. Mr. Herman received his B.A. cum laude from Kalamazoo College and his J.D. summa cum laude from The John Marshall Law School where he was valedictorian.
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Andrew J. Keyt
Andrew J. Keyt
Andrew J. Keyt is a Partner with Heyl, Royster, Voelker & Allen, P.C., in Peoria, where he is Chair of the firm’s Governmental Practice. Mr. Keyt has been selected as a Leading Lawyer in Illinois and is a member of the Peoria County and Illinois State Bar Associations and the Abraham Lincoln Court. Mr. Keyt received his B.S. from Illinois State University and his J.D. magna cum laude from Northern Illinois University School of Law.
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Alex B. Mahler
Alex B. Mahler
Alex B. Mahler is a Partner at Nicolaides Fink Thorpe Michaelides Sullivan LLP, in Chicago, and concentrates his practice in insurance coverage. Mr. Mahler is a member of the Claims Litigation Management Alliance, the Professional Liability Underwriting Society, the American Institute of Chartered Property Casualty Underwriters, West Suburban Chapter of Chartered Property Casualty Underwriters Society, and the American Bar Association. He received his B.S. magna cum laude from Arizona State University, his Chartered Property Underwriter designation and his J.D. from Indiana University of Law — Indianapolis.
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Brittany N. Meeker
Brittany N. Meeker
Brittany N. Meeker is an associate with Craig & Craig, LLC, in Mount Vernon, where she focuses her practice on litigation defense. Ms. Meeker is a member of the Illinois Association of Defense Trial Counsel, the Emerging Lawyer through Leading Lawyers, and the Illinois State and Jefferson County Bar Associations. She earned her B.S. cum laude from Indiana University and her J.D. from Southern Illinois School of Law.
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Adria East Mossing
Adria East Mossing
Adria East Mossing is a Partner at Mossing & Navarre, LLC, in Chicago, where she focuses her practice on personal injury and medical malpractice. Ms. Mossing served as President of the Women’s Bar Association of Illinois (2016 – 2017). She has been chosen by Leading Lawyers Illinois as one of the Top 10 Women Leading Lawyers in Illinois in personal injury and medical malpractice and an Illinois Super Lawyers as a Top 100 Illinois Super Lawyer and a Top 50 Women Illinois Super Lawyer. Ms. Mossing received her B.A. from Northwestern University and her J.D. from DePaul College of Law where she was the Notes and Comments Managing Editor for the DePaul Law Review.
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Sean P. Murray
Sean P. Murray
Sean P. Murray is a Partner at Taxman, Pollock, Murray & Bekkerman, LLC, in Chicago, and concentrates his practice in plaintiff personal injury. Mr. Murray is on the Illinois Trial Lawyers Association Board of Managers and has been chosen as an Illinois Super Lawyer and Illinois Leading Lawyer. He earned his B.S. cum laude from Western Illinois University and his J.D. from Loyola University Chicago School of Law.
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James P. Navarre
James P. Navarre
James P. Navarre is a Partner at Mossing & Navarre, LLC, in Chicago, where he focuses on personal injury and medical malpractice. Mr. Navarre is a member of the Illinois Trial Lawyers Association, has been named to the Leading Lawyers Illinois list for personal injury and medical malpractice, and as an Illinois Super Lawyer. He received his B.S. from the University of Illinois and his J.D. cum laude from Loyola University School of Law.
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Stephen J. Phillips
Stephen J. Phillips
Stephen J. Phillips is an attorney at Phillips Law Offices, in Chicago, and focuses his practice on personal injury. Mr. Phillips is a member of the Illinois Trial Lawyers Association and Cochair of its Young Lawyers Committee. He is also a member of the American Association of Justice and the Illinois State Bar Association. Mr. Phillips received his B.A. from the University of Michigan in Ann Arbor and his J.D. from Loyola University Chicago School of Law.
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Julie L. Pustilnik
Julie L. Pustilnik
Julie L. Pustilnik is an attorney at Taxman, Pollock, Murray & Bekkerman, LLC, in Chicago, where she focuses her practice on personal injury trial work. Ms. Pustilnik is President of the Chicago-Kent College of Law Young Alumni Council and has been named an Illinois Super Lawyers Rising Star and a Law Bulletin Leading Lawyers Emerging Lawyer. Ms. Pustilnik graduated magna cum laude from the University of Illinois at Urbana-Champaign and received her J.D. from IIT Chicago-Kent College of Law.
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Terrence M. Quinn
Terrence M. Quinn
Terrence M. Quinn is an attorney with Phillips Law Offices, in Chicago, where he concentrates his practice in personal injury. Mr. Quinn is a member of the Illinois Trial Lawyers Association Board of Managers, the American Association of Justice, and the Illinois State Bar Association. He received his B.A. from Kutztown University of Pennsylvania and his J.D. from Loyola University Chicago School of Law.
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Elyse M. Ryan
Elyse M. Ryan
Elyse M. Ryan is an associate at Hinshaw & Culbertson LLP, in Chicago, and concentrates her practice in toxic tort, medical device, and long-term care facility litigation; products liability; personal injury; and construction. Ms. Ryan is a member of the Chicago and American Bar Associations. She received her B.A. cum laude from Miami University and her J.D. magna cum laude from DePaul University College of Law where she was a member of the Order of the Coif.
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Kevin R. Sido
Kevin R. Sido
Kevin R. Sido is a Partner in the Chicago office of Hinshaw & Culbertson LLP, where he concentrates his practice in civil litigation with an emphasis in construction law and alternative dispute resolution. Mr. Sido is a mediator and arbitrator with ADR Systems Chicago and the American Arbitration Assocation. He is a Member of the Society of Construction Attorneys and the Illinois State Bar Association. Mr. Sido received his B.A. from the University of Illinois, where he earned the Bronze Tablet Award and was a member of Phi Beta Kappa, and he received his J.D. from the University of Illinois.
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Douglas M. Sinars
Douglas M. Sinars
Douglas M. Sinars is a Partner at Sinars Slowikowski Tomaska LLC, in Chicago, where he concentrates his practice in civil litigation, medical malpractice, products and premises liability claims, environmental and occupation exposures, and toxic tort claims. Mr. Sinars is a member of the Illinois Association of Trial Defense Counsel and the Chicago Bar Association and is licensed in Illinois, Missouri, and New York. He received his B.A. from the University of Notre Dame and his J.D. from DePaul University College of Law.
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Lynsey A. Stewart
Lynsey A. Stewart
Lynsey A. Stewart is a senior associate at Cassiday Schade LLP, in Chicago, where she focuses on litigation and appeals. Ms. Stewart is a member of the Chicago and Women’s Bar Associations and Phi Beta Kappa. She earned her B.A. from Georgetown University, her M.A. from American University, and her J.D., magna cum laude, from Loyola University Chicago School of Law, where she received a CALI Award for Excellence in Legal Writing.
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Marc A. Taxman
Marc A. Taxman
Marc A. Taxman is a Founding Partner of Taxman, Pollock, Murray & Bekkerman, LLC, in Chicago, where he focuses on person injury, wrongful death, medical negligence, transportation negligence, premises liability, and trial practice. Mr. Taxman has been named an Illinois Super Lawyer and Illinois Leading Lawyer, and he was recognized in “Best Lawyers in America.” Mr. Taxman received his B.S. from the University of Illinois at Urbana-Champaign and his J.D. from IIT Chicago-Kent College of Law.
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Tobin J. Taylor
Tobin J. Taylor
Tobin J. Taylor is a Partner with Heyl, Royster, Voelker & Allen, P.C., in Chicago, where he concentrates his practice in litigation. Mr. Taylor has been recognized as Martindale-Hubbel AV Preeminent, been selected as a Leading Lawyer in Illinois for Toxic Torts Defense Law, and is a member of the Illinois Association of Defense Trial Counsel. He received his B.S. magna cum laude from Bradley University and his J.D. from Washington University School of Law.
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Panos T. Topalis
Panos T. Topalis
Panos T. Topalis is a Director at Tribler Orpett & Meyer, P.C., in Chicago, where he concentrates his practice in civil litigation. Mr. Topalis is a member of the Illinois State Bar Association, the Counsel for Litigation Management, and the Hellenic Bar Association where he was Past President. He received his B.S. from Northern Illinois University and his J.D. from IIT Chicago-Kent College of Law.
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John F. Watson
John F. Watson
John F. Watson is a Member at Craig & Craig, LLC, in Mattoon, where he concentrates his practice in civil litigation. Mr. Watson writes a professional liability column for the Illinois Association of Defense Trial Counsel’s IDC Quarterly, was Editor-in-Chief of the IDC Survey of Law (2017 –2018), and Editor-in-Chief of the IDC Quarterly (2016 – 2017). He earned his B.S. from Bradley University and his J.D. with honors from The John Marshall Law School where he was Associate Leads Editor of The John Marshall Law Review.
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Julie A. Webb
Julie A. Webb
Julie A. Webb is a Partner with Craig & Craig, LLC, in Mount Vernon, where she concentrates her practice in litigation defense. Ms. Webb is a court-approved mediator and a member of the Illinois Association of Defense Trial Counsel and the Illinois State Bar Association. Ms. Webb received her B.S. from the University of Illinois and her J.D. from Southern Illinois University School of Law.
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Steven R. Wolke
Steven R. Wolke
Steven R. Wolke is an associate at Craig & Craig, LLC, in Mattoon, and concentrates his practice in civil litigation, medical malpractice defense, insurance coverage litigation, corporate and small business matters, and elder law. Mr. Wolke is a member of the Illinois Association of Defense Trial Counsel and the Illinois State and American Bar Associations. He received his B.A. from Eastern Illinois University and his J.D. from Southern Illinois University School of Law.
Civil Practice: Opening the Case 2019 Edition
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