Legal Definitions - ill

When used in a legal context, particularly in reference to a "pleading," the term ill describes a formal document filed with a court that is legally flawed, insufficient, or invalid. Such a pleading fails to meet the necessary legal requirements, making it defective or null in the eyes of the law.

A "pleading" is a formal written statement submitted to a court, such as a complaint that starts a lawsuit, an answer responding to a complaint, or a motion requesting a specific action from the court. If a pleading is deemed ill, it means it has a significant legal defect that prevents it from being effective or considered valid by the court.

Here are some examples:

• Example 1: Defective Complaint

  Imagine a person files a lawsuit (a "complaint") alleging defamation, claiming someone made false statements about them. However, the complaint fails to specify *what* the false statements were, *when* they were made, or *to whom* they were communicated. Without these crucial details, the complaint is considered ill because it does not adequately inform the court or the defendant of the specific legal claim being made. The defendant would likely file a motion to dismiss, arguing that the complaint is legally insufficient and therefore defective.

• Example 2: Invalid Legal Defense

  In a contract dispute, a defendant files an "answer" to the lawsuit, including a defense that states, "I didn't understand the contract, so it's not binding." However, under the relevant contract law, simply not understanding a contract (without evidence of fraud, duress, or incapacity) is not a valid legal reason to void it. In this scenario, the defense presented in the answer would be considered ill because it lacks a recognized legal basis. The court might strike this defense, meaning it would not be considered during the trial.

• Example 3: Procedurally Flawed Motion

  A lawyer files a "motion" asking the court to impose sanctions on the opposing party for failing to cooperate in discovery (the process of exchanging information before trial). However, the local court rules require that before filing such a motion, the attorneys must first meet and confer in good faith to try and resolve the dispute informally. If the lawyer files the motion without including a certification that this mandatory "meet and confer" process occurred, the motion would be considered ill. It is procedurally defective, and the court would likely deny it without even considering the merits of the sanctions request.