Does Illinois Section 2-619 Require to File All Motions to Dismiss at Once ?
In River Park, Inc. v. City of Highland Park, 295 Ill. App. 3d 90, 692 N.E.2d 369, 229 Ill. Dec. 596 (1998), the plaintiffs successfully appealed a dismissal of their complaint under section 2-615; and upon remand of the plaintiffs' first appeal, the defendant succeeded on a new motion to dismiss under section 2-619. River Park, 295 Ill. App. 3d at 91-92.
In the second appeal, the plaintiffs argued that the defendant waived consideration of its section 2-619 motion to dismiss by failing to file it with the earlier section 2-615 motion.
The Court held as follows:
"While considerations of judicial and client economy might favor this argument, neither the Code nor case law requires a party to file all dispositive motions together.
Section 2-619.1 of the Code states 'motions with respect to pleadings under Section 2-615, motions for involuntary dismissal or other relief under Section 2-619, and motions for summary judgment under Section 2-1005 may be filed together as a single motion in any combination.' 735 ILCS 5/2-619.1 (West 1996).
Thus, section 2-619.1 of the Code permits, but does not require, a party to file all of its motions to dismiss at once." River Park, 295 Ill. App. 3d at 93.