Legal Memorandum: Courts determining a pleading’s character

Issue: Under Illinois law, must a court be bound by the caption given a pleading, or does a court have discretion in dealing with it?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Pleading; Pleading Character;Substance
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

A pleading’s substance and not its title determines its character. R & G, Inc. v. Midwest Region Foundation for Fair Contracting, Inc., 351 Ill. App. 3d 318, 321 (2004) (a court is not bound by the title of a pleading).  A court should examine the substance of a document to determine how it should be treated. Id.

Bassman v. Gluck, 1-15-1235 (Ill. App. Dist. 1 02/05/2016).

Date: March 1, 2016