PEOPLE OF THE STATE OF ILLINOIS, 11Complaint, 1) VS.
IIIinois law requires that "[tlhe facts constituting
any affirmative defense ...must be plainly set forth in the answer or reply." 735 ILCS5/2-613(d).
The clear purpose of this requirement is to facilitate the decision of cases on
their merits, and to eliminate the harsh consequences which resulted from unfair surpriseat trial prior to the enactment of modem civil procedure rules.
Raprager v.
AIlstate Ins.
Co., 183 111. The first Affirmative Defense-that Petitioner fails to state a cause of action-is
goes to the specific facis of this m...
Allowed
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