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Ill. S. Ct. R. 135

Pleading Equitable Matters

activein force · 2021-05-14 – presentact-effective-date

(a) Single Equitable Cause of Action. Matters within the jurisdiction of a court of equity,

whether directly or as an incident to other matters before it, or which an equity court can hear so

as to do complete justice between the parties, may be regarded as a single equitable cause of

action and when so treated as a single cause of action shall be pleaded without being set forth in

separate counts and without the use of the term “count.”

(b) Joinder of Legal and Equitable Matters. When actions at law and in chancery that may

be prosecuted separately are joined, the party joining the actions may, if he desires to treat them

as separate causes of action, plead them in distinct counts, marked respectively “separate action

at law” and “separate action in chancery.” This paragraph applies to answers, counterclaims,

third-party claims, and any other pleadings wherever legal and equitable matters are permitted to

be joined under the Civil Practice Law.

History

Amended May 28, 1982, effective July 1, 1982. Committee Comments This rule contains the pleading provisions of former Rules 10 and 11 without change in substance. The provisions of those rules relating to trial appear in new Rule 232.

Provenance

Source
illinoiscourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
53055072b99c2fc39f3c665a21b07f77ae5cf189e30eceaba7c2c92f7a6abf21
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Ill. S. Ct. R. 135 — Pleading Equitable Matters · binding.law