‍Another basis for dismissing a complaint is that the Complaint fails to allege facts rather than mere conclusions. Still, the court determines whether the plaintiff would be entitled to relief from the court if all of the plaintiff's allegations are assumed to be true. The court is not trying to decide the truth of any factual issues in the case. ‍When deciding on a 2-615 motion to dismiss, the court will construe the Complaint liberally and view the allegations in the light most favorable to the plaintiff. A 2-615 Motion to Dismiss will result in her case being dismissed. If the plaintiff fails to allege that the offensive action was intentional in her Complaint, she has failed to allege facts amounting to a cause of action for assault. That causes the plaintiff reasonable apprehension of imminent offensive contact with the plaintiff's person.For example, a cause of action for a civil assault requires the plaintiff to plead the following elements: Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action. ‍In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. 2-615 Motions and 2-619 Motions serve different purposes. The names of these motions are based on the statute that provides for them (735 ILCS 5/2-615 and 735 ILCS 5/2-619, respectively). ‍There are two types of Motions to Dismiss: 2-615 Motions and 2-619 Motions. ‍After the Complaint has been filed, the defendant can either file an Answer, which admits or denies the allegations of the plaintiff and raises any affirmative defenses that would defeat the plaintiff's claims or the defendant can file a Motion to Dismiss, which states that there is either a defect in the Complaint or some other affirmative matter which requires the court to dismiss the case. The Complaint lays out the relevant allegations in the case that would entitle the plaintiff to a claim against the defendant. A lawsuit is initiated in Illinois when the plaintiff files a document called a Complaint, stating a cause of action that would entitle the plaintiff to relief from the court and requesting damages or other relief from the court.

Motion to dismiss definition