If at first you don’t succeed, make amends — over and over and over

The Procedural Thicket

By Anthony J. Longo

Anthony J. Longo is a partner at Cassiday, Schade LLP practicing in the litigation of construction defect, commercial and health-care matters. In addition to his law practice, he is an adjunct professor of law at The John Marshall Law School and a lecturer at the Illinois College of Optometry. He is a frequent author and popular speaker on issues of civil procedure.

Posted December 18, 2014 3:00 PM

One of the best improvements to Illinois law over the last hundred or more years is the policy favoring leave to amend. Whether a complaint, an answer, an affirmative defense or a reply, the courts are encouraged to liberally allow leave to amend so parties may try to resolve curable deficiencies. Healy v. Bearco Management Inc. 216 Ill.App.3d 945, 960 (2nd Dist. 1991). Sometimes, of course, a deficiency is incurable and leave to amend should be denied at the outset. “Justice and reason require the …

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