(735 ILCS 5/2-619)
(from Ch. 110, par. 2-619)
Involuntary dismissal based upon certain defects or
defenses. (a) Defendant may, within the time for pleading, file a
motion for dismissal of the action or for other appropriate relief upon
any of the following grounds. If the grounds do not appear on the face
of the pleading attacked the motion shall be supported by affidavit:
(1) That the court does not have jurisdiction of the subject matter
of the action, provided the defect cannot be removed by a transfer of
the case to a court having jurisdiction.
(2) That the plaintiff does not have legal capacity to sue or that
the defendant does not have legal capacity to be sued.
(3) That there is another action pending between the same parties
for the same cause.
(4) That the cause of action is barred by a prior judgment.
(5) That the action was not commenced within the time limited by
(6) That the claim set forth in the plaintiff's pleading
has been released, satisfied of record, or discharged in bankruptcy.
(7) That the claim asserted is unenforceable under the
provisions of the Statute of Frauds.
(8) That the claim asserted against defendant is
unenforceable because of his or her minority or other disability.
(9) That the claim asserted against defendant is barred by
other affirmative matter avoiding the legal effect of or defeating the
(b) A similar motion may be made by any other party against whom a
claim is asserted.
(c) If, upon the hearing of the motion, the opposite party presents
affidavits or other proof denying the facts alleged or establishing
facts obviating the grounds of defect, the court may hear and determine
the same and may grant or deny the motion. If a material and genuine
disputed question of fact is raised the court may decide the motion upon
the affidavits and evidence offered by the parties, or may deny the
motion without prejudice to the right to raise the subject matter of the
motion by answer and shall so deny it if the action is one in which a
party is entitled to a trial by jury and a jury demand has been filed by
the opposite party in apt time.
(d) The raising of any of the foregoing matters by motion under this
Section does not preclude the raising of them subsequently by answer
unless the court has disposed of the motion on its merits; and a failure
to raise any of them by motion does not preclude raising them by answer.
(e) Pleading over after denial by the court of a motion under this
Section is not a waiver of any error in the decision denying the motion.
(f) The form and contents of and procedure relating to affidavits
under this Section shall be as provided by rule.
(Source: P.A. 83-707.)