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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION Plaintiff, v. Defendant. ))))))))) No. ORDER (Oral motion for default) This cause coming to be heard, counsel for the

How to fill out oral motion for default

How to fill out an oral motion for default?

1. Begin by clearly stating your name, contact information, and the court case number at the top of the document. This information ensures that your motion is properly identified and filed with the correct court.
2. In the body of the motion, explain why you are requesting a default judgment. Provide a brief summary of the case, including key dates, events, and any attempts made to serve the defendant but failed. Include any relevant supporting documents, such as proof of service attempts or correspondence.
3. Clearly state the relief you are seeking. For example, if you are the plaintiff, you may request a default judgment in your favor, along with a specific amount of damages if applicable. If you are the defendant, you may request a default judgment in your favor to dismiss the case.
4. Provide any legal or procedural grounds for your request. This could include citing the specific rule or statute that allows for a default judgment, explaining how the opposing party failed to respond or appear in court despite proper notice, and why you believe you are entitled to the relief requested.
5. Sign the motion and date it. Ensure that you have included all necessary attachments and supporting documentation. Double-check for any formatting or spelling errors before finalizing the document.

Who needs an oral motion for default?

1. Plaintiffs who have properly served the defendant with a summons and complaint, but the defendant has failed to respond within the required time frame may need to file an oral motion for default. This allows the plaintiff to request a default judgment in their favor.
2. Similarly, defendants who have been served with a summons and complaint but have not responded within the required time frame may also need to file an oral motion for default. This allows the defendant to request a default judgment in their favor, potentially dismissing the case.
3. It is important to note that the specific requirements for filing an oral motion for default may vary depending on the court jurisdiction and specific procedural rules. It is advisable to consult with an attorney or legal expert familiar with the applicable laws and rules to ensure proper compliance.

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