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
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