Legal Question in Personal Injury in Illinois
I live in Illinois, and I'm the plaintiff in a lawsuit involving intentional torts, including aggravated assault. One of the defendants is a large nonprofit organization, and it missed the deadline to make an appearance although an attorney showed up when they were served with a motion to amend the complaint. They put in an emergency motion to be allowed to appear and answer, but withdrew their motion as soon as they made their appearance. It also missed the the default call hearing that had been scheduled. At the hearing, the judge asked me to amend my complaint. He said that the complaint was not sustainable because I could not pull a damage amount out of the air. Two questions: (1) Am I just being asked to amend the complaint or is this a "prove-up"? (2) Do I need to attach receipts and estimates to the complaint or hand them over after there has been a ruling in my favor?
1 Answer from Attorneys
Please repost as your submission is rather confusing as you state that you are the plaintiff,and that the defendant filed a Motion to Amend the Complaint. Only a plaintiff can amend the complaint.