Illinois Administrative Code › Title 74 - PUBLIC FINANCE › Part 790 - COURT OF CLAIMS REGULATIONS › Subpart A - COURT OF CLAIMS RULES › Section 790.50 - Complaint-Required Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General. A complaint shall be verified by the Claimant or counsel and must set
				forth fully in the following order:
1) Nature
				of the Claim. A statement of the nature of the claim, its basis (tort,
				contract, etc.) and each State officer or agency that is alleged to be
				responsible, in whole or in part, for the liability asserted in the claim; if
				the claim is against a State employee, the basis upon which liability is
				claimed against the State must be specifically stated;
2) Jurisdiction. The Section of the Court of
				Claims Act under which jurisdiction is asserted;
3) Fact Allegations. All allegations of fact
				required to set forth the claimant's cause of action;
4) History of Claim. Whether the claim has
				been presented to any State department or officer, or has been the subject of
				administrative proceedings, and if so:
A)
				when and to whom or which administrative body the claim was
				presented;
B) the action taken on
				behalf of the claim by the State or the appropriate State agency or officer and
				by each administrative body that has considered the claim;
5) Ownership. What persons are owners of the
				claim or interested therein, and when and upon what consideration such persons
				became interested;
6) Assignments.
				That no assignment or transfer of the claim, or any part thereof or interest
				therein, has been made except as stated in the complaint;
7) Entitlement. That claimant is justly
				entitled to the amount claimed from the State of Illinois or the appropriate
				State agency after allowing all just credits;
8) Verification. That the facts stated in the
				complaint are true;
9) Whether this
				claim or any other claim arising out of the same occurrence (against any
				person, firm or governmental agency other than the State of Illinois or any of
				its officers or agencies) has been previously presented to any person, firm,
				court or administrative tribunal other than the State of Illinois, and, if so:
A) when, to whom, and what action was taken
				by each person, firm, court or administrative tribunal; and
B) what payments or other considerations, if
				any, have been received. Claimant must file with the Clerk of the Court copies
				of all instruments evidencing such payment or consideration;
10) Status of Respondent. If a
				State officer or agency or department of the State is sued in a capacity as
				holder, administrator or trustee of a fund, or as executor or administrator of
				a trust or estate, or as a guardian, conservator or any similar capacity, the
				complaint shall identify:
A) the fund,
				estate, trust or other entity involved;
B) the statute or principle of law governing
				the creation of the fund or other entity; and
C) any instrument or order of court or
				administrative or governmental agency creating such capacity or fund or
				entity;
11) Damages. A
				bill of particulars, stating in detail each item of damages, and the amount
				claimed;
12) If the claimant is an
				executor, administrator, guardian or other representative appointed by a
				judicial tribunal, a duly certified copy of the record of appointment must be
				filed with the complaint.