Multiple “levels” of rules exist in law – from the Constitution all the way down to administrative rules and then the cases interpreting all of them. Skilled and experienced lawyers know how to employ them on your behalf – or in your defense every inch of the way throughout your case if necessary and possible. Is your lawyer doing that?
In fact, I often file motions when Defense Attorneys seem to want to start to “testify” for their own clients or file insufficient knowledge answers. Such is clearly not allowed:
Every allegation not explicitly admitted is denied. 735 Ill. Comp. Stat. Ann. 5/2-610(b) (Lexis 2014).
In fact, the Illinois Code of Civil Procedure requires that a defendant’s answer contain an explicit “admission” or “denial” of each allegation in the complaint with one important exception: for situations where the defendant lacks knowledge to admit or deny the allegation, provided that the defendant (not the defendant’s attorney) attaches an affidavit stating that s/he lacks the necessary knowledge. However, if the defendant does not attach an affidavit, the allegations may be deemed admitted. Bank of Ravenswood v. Domino’s Pizza, 269 Ill. App. 3d 714, 723-24 (1st Dist. 1995).
Allegations in a complaint should be deemed admitted when not specifically admitted or denied – or when an attorney, in essence, attempts to “testify for” his or her client. See Bank of Ravenswood, 269 Ill. App. 3d at 723-24.
The law also makes it clear that Defendants cannot demand “strict proof” and in fact even the federal courts have criticized this practice. See e.g. Sun Life Assurance Co. of Can. v. Great Lakes Bus. Credit, L.L.C., 968 F. Supp.2d 898, 904 (N.D. Ill. 2013); Gilbert v. Johnston, 127 FRD 145 (N.D. Ill. 1989) (noting that neither the Federal Rules of Civil Procedure nor the Illinois Code of Civil Procedure provides for demands for strict proof).
Will your lawyer watch out for such incorrect admissions or denials every step of the way? Will your lawyer explain to the Judge and Court that such is not allowed? Raise your hand and ask your lawyer. Get a second opinion if you are not getting a straight or thorough answer.
You can contact me here 24/7/365 (and I really mean that as I will answer my phone) if you have any questions and to learn how I may be able to help you or your loved one who may need, or simply want, a second opinion or want to know how to fight every inch of the way as these cases are battles unfortunately – in particular, you will find that I listen, take your phone calls and e-mails (and even text messages–BUT NOT WHILE DRIVING!!). I would be honored to help you with your matters – large or small.