Judicial admissions

[Lawlaw]

Jurisdiction

Illinois

In Illinois state court, if a defendant files a no verified answer to a civil complaint (not small claims), and does NOT attach an affidavit, are all of the lack of knowledge answers to the allegations or "demanding strict proof" answers to the allegations, now deemed judicial admissions?

 

[army judge]

If you're asking about general denials, proof is inherent in your statement.

Example: Now comes the defendant, John Truthster, blah blah blah denies each and every allegation etc etc etc in plaintiff's pleadings.

 

[Michael Wechsler]

In some courts a verified pleading will general require a verified response and amendments are usually permissible for a variety of technical defects. It's possible one copy may have been misplaced. Imagine what the courts would be like if there was no remedy for such situations. It's not going to be so simple to knock out the defendant. A fatal defect usually revolves around something important like improper service or jurisdiction.

 

[adjusterjack]

Lawlaw, you have 3 threads started on essentially the same topic which results in confusion and parallel discussions. I am combining all three into this one and have deleted the other two. From now on keep ALL of your discussions in this thread for the sake of continuity.

On Saturday, you wrote:

If a court order in state court states to issue discovery on or before Saturday the 3rd, is it safe to serve it on Monday the 5th? What can the court do if it was due served on the 3rd?

You got a reply:

The court could ignore the failure, sanction the lawyer/litigant, rule against you if the adversary petitioned for dismissal.

There is no one size fits all in these matters.

Yesterday, you wrote:

In state court, civil case of $45,000., if court ordered issue of discovery by 3rd and defendant served a Notice to Plaintiffs to produce at time of trial pursuant to rule 237 of the SCR, and there is a list that Plaintiffs are directed and requested to produce at beginning of trial. P. s. they served this and other discovery documents (first set) on me on the 5th and court order stated to issue by sat 3rd. They also have not sent a file stamped notice of discovery documents (where the certificate of service for each is filed with the court). Can I have the judge look at it and order judgment in our favor under IL SCR 219 (c), or not? Would they get a default judgment and simply vacate it? Otherwise, I want to take a voluntary dismissal. Also, if I'll be asking the judge about this or a ruling, will this bar me for just simply requesting an involuntary dismissal (and then I will file the written motion)? Thanks!