I'm pretty sure I can convince the judge that my allegations are true but I am not a lawyer and so I might be wrong I'm just wondering if there's any consequences Should I fail. I've heard the phrase " immunity in the pleadings " before and wondered if that meant that I would be insulated from sanctions or frivolous pleading accusation or libel or slander accusation should I f before and wondered if that meant that I would be insulated from sanctions or frivolous pleading accusation or libel or slander accusation should I fail to produce the necessary evidence
Lawsuits are immune from slander or libel. However, if your allegations are. baseless, you could be subject to sanctions such as attorneys' fees, court costs, or other.
Do you have evidence? Testimony to prove your allegations? Documents? You don't convince a judge; you prove a case with evidence.
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Mr. Hoffman is correct that there could be consequences if your allegations are not made in good, that is, you lacked a reasonable basis to make the allegation. In any event, if you cannot prove the allegations necessary to establish your claim, you will lose the case. You should consult a lawyer.
You have only provided limited facts and no documentation, so our response may only be treated as a hypothetical and general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois.
The "immunity" you refer to is likely that which attaches to statements made in the course of judicial proceedings; these are not actionable, and cannot be sued upon, whether in the form of defamation or any other kind of suit. The way to protect yourself from fines and sanctions by the court, either on its own motion or on motion by opposing counsel, is to state allegations based on direct evidence, or in the absence of direct evidence "upon information and reasonable belief." Sanctions are most often imposed when the following apply: (1) factual insufficiency, meaning the allegations stated in a pleading are not sufficient to warrant a legal claim; (2) legal insufficiency, meaning that the facts as stated do not give rise to a claim under state or federal law; and (3) improper purpose, meaning you filed the lawsuit out of malice or harassment, and not for purposes of seeking justice based on cognizable claims. Mere failure at trial or at a Motion to Dismiss/Summary Judgment hearing does not mean you will be sanctioned; however, you must be careful to state good facts, and to understand what is required to satisfy the elements of an Illinois state claim, or federal claim. I urge you not to file anything until your pleadings have been reviewed by an Illinois-licensed civil litigator, of whom there are many good ones here on Avvo. I hope our answers on Avvo are helpful to you.
A statement made during a judicial proceeding is absolutely privileged (defamation), so long as there is some relation to the proceeding. The only way you might get sanctioned in this regard is if it turns out you signed your pleading in violation of Illinois Supreme Court Rule 137. Good luck.
Please, please read Supreme Court Rule 137. If that doesn't chase you to a lawyer I don't know what will.
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