![]() According to the Illinois Code of Civil Procedure, “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. For answers to pleadings, admitting or denying the allegations in the pleading is an obligatory and logical response to narrow the issues for trial. In the family law context, the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) expressly states that pleadings include “any petition or motion filed in the dissolution of marriage case which, if independently filed, would constitute a separate cause of action.” 750 ILCS 5/105(d). A pleading is a document that sets forth in paragraph-by-paragraph format the facts and arguments petitioners consider relevant to build the framework of their cause of action. It is important for all practitioners to understand the definitions of pleadings and motions in order to correctly prepare the appropriate responses. A pleading consists of a party's formal allegations of their claims or defenses. Understanding the Difference Between Pleadings and Motions ![]() In addition, it seeks to drive home the importance of taking advantage of the opportunity to present arguments through a narrative response to motions. This article hopes to explain some of the technical aspects of motion practice under relevant rules and case law. Moreover, it violates one of the cardinal rules of good advocacy: It defers to the movant’s organization of the motion, effectively letting the opponent write the response for them. This practice is singularly unhelpful to the judge deciding the motion. By contrast, family law practitioners frequently respond to motions the way other civil practitioners file an answer to a complaint: by admitting or denying each paragraph, including in response to legal arguments as opposed to factual allegations. In most other areas of civil practice, (for example in cases before the Law Division, the Chancery Division, or in federal court), the respondent to a motion files what practitioners and judges commonly refer to as a “narrative response.” That means the respondent to a motion responds in complete sentences and paragraphs, reframing the issues the movant presents in a cogent and persuasive manner favorable to the respondent. This occurs most often in the context of responding to motions. Yet in domestic relations matters, many practitioners follow practice conventions that both (1) defy statutory rules governing pleading in civil matters and (2) forgo the opportunity to educate the court by providing written argument and citation to case law in support of legal positions. See 750 ILCS 5/105(a) (“The provisions of the Civil Practice Law shall apply to all proceedings under this Act, except as otherwise provided by the Act”). Family law, which is a civil practice area, falls under the Civil Practice Act.
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