[IL] Do I file an affidavit of correction in response to a motion to dismiss?
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I’ll try to give some thoughts...
In Illinois, a motion to dismiss under 735 ILCS 5/2-615 challenges the legal sufficiency of the pleadings. That means even if all facts are true, the complaint still doesn’t state a valid cause of action.
An affidavit of correction might help clarify inconsistencies, but it usually isn’t enough on its own to defeat a 2-615 motion. These motions are judged solely on the “four corners” of the complaint—external documents like affidavits aren’t considered unless you’re amending the complaint.
If your affidavit explains contradictions and you're pro se, a better route might be filing an amended complaint under 735 ILCS 5/2-616. That allows you to fix the issues directly in the pleading. You can use the affidavit’s reasoning in the new complaint.
Ultimately, affidavits help give context, but they don’t replace the need for a clear and legally sufficient complaint. Does that make sense?
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Is an affidavit of correction a good response to a motion to dismiss under ILCS 2-615?
I understand you're dealing with a motion to dismiss. Have you already filed an affidavit of correction in response?
Yes.
Can you provide more details about the specific reasons stated in the motion?
Contradiction of previous sworn statements.
Is there anything else the lawyer should know before I connect you?
No.
Good afternoon and welcome to AskaLawyer. Please give me a moment to review your question.
Thanks.
I’ll try to give some thoughts...
In Illinois, a motion to dismiss under 735 ILCS 5/2-615 challenges the legal sufficiency of the pleadings. That means even if all facts are true, the complaint still doesn’t state a valid cause of action.
An affidavit of correction might help clarify inconsistencies, but it usually isn’t enough on its own to defeat a 2-615 motion. These motions are judged solely on the “four corners” of the complaint—external documents like affidavits aren’t considered unless you’re amending the complaint.
If your affidavit explains contradictions and you're pro se, a better route might be filing an amended complaint under 735 ILCS 5/2-616. That allows you to fix the issues directly in the pleading. You can use the affidavit’s reasoning in the new complaint.
Ultimately, affidavits help give context, but they don’t replace the need for a clear and legally sufficient complaint. Does that make sense?
Yes. The 2-615 motion is strictly based on an inconsistency in locker numbers. It says if the contradictory statement is removed, the complaint can't stand as a matter of law. But if kept, it can. My affidavit of correction was attached to my formal response with proofs. Is there a chance I won’t have to amend the complaint? This is my fourth amended complaint.
Yes, if the court finds your affidavit clarifies the issue and preserves your claim, it might deny the 2-615 motion without requiring a fifth amended complaint. But since 2-615 motions focus only on the complaint's content, the court may still ask you to amend it to include the clarification.
Okay, thank you for your advice. I’m pro se, and this helps tremendously.
