Q: Is there a downside to not answering Affirmative Defenses and Counterclaim directly ?
Plaintiff sued in contract case (Law Division, Cook County IL). I filed Answers, Aff. Defenses and Counterclaim. Plaintiff did not file a formal answer; rather, they filed Motion for Summary Judgment. Did they forfeit any legal points or put themselves to disadvantage by doing so?
A: Yes they did. Motions for summary judgment are controlled by 735 ILCS 5/2-1005. If you are responding to a motion for summary judgment you need to become familiar with this statute. As a general principle, the court will grant summary judgment if the pleadings, depositions, admissions, and affidavits on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c). If your opponent did not answer your affirmative defenses or counterclaim, then the factual matters asserted in those pleadings will be deemed admitted for purposes of the summary judgment. Be careful, conclusions and vague allegations not supported by factual content will not be deemed admitted. Good luck.
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