Can an amended answer be filed in Chancery Court without first filing a leave of court?

Asked 4 months ago - Hoffman Estates, IL

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Federal Rules of Civil Procedure, Rule 15, 1 -1(A)

Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:

(A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after serive of a responsive pleading or 21 days after service of a motion under rule 12(b), (e), or (f), whichever is earlier.

Can Federal Rules supersede IL State Code of Procedures?

Attorney answers (4)

  1. Licensed in IL

    Mokena Divorce / Separation Lawyer
    Contributor Level 20

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    Answered January 31, 2013 19:33. No. Federal rules apply to federal court. State rule apply to state court.

  2. Licensed in IL

    Pro

    Chicago Litigation Lawyer
    Contributor Level 13

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    Answered February 01, 2013 05:53. See 735 ILCS 5/2-616 as well as the judge’s standing order. If the plaintiff was given leave to amend, you should have been given time to answer or otherwise move. If that is not the case, and you are just looking to amend, or you are outside of the time given to amend, you need to obtain leave of court. Good luck.

    Robert T. Kuehl
    Kuehl Law, P.C.
    Chicago, Illinois
    312-840-8270
    Email: bob@kuehllawpc.com
    Website: www.kuehllawpc.com

  3. Licensed in IL

    Chicago Lawsuit / Dispute Attorney
    Contributor Level 20

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    Answered February 07, 2013 14:57. Federal Rules do not apply in Circuit Court Chancery matters.

    Use the state rules.

    And, leave of court is required.

  4. Licensed in IL

    Mokena Divorce / Separation Lawyer
    Contributor Level 20

    Answered January 31, 2013 19:33. No. Federal rules apply to federal court. State rule apply to state court.

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