Rule 10-35. Request To Revise

Whenever any party desires to obtain (1) a more complete or particular statement of the allegations of an adverse party's pleading, or (2) the deletion of any unnecessary, repetitious, scandalous, impertinent, immaterial or otherwise improper allegations in an adverse party's pleading, or (3) separation of causes of action which may be united in one complaint when they are improperly combined in one count, or the separation of two or more grounds of defense improperly combined in one defense, or (4) an attachment to an adverse party's complaint or other pleading any express agreement alleged as a ground of action or defense, notwithstanding the provisions of Section 10-29, or (5) any other appropriate correction in an adverse party's pleading, the party desiring any such amendment in an adverse party's pleading may file a timely request to revise that pleading.

Committee Notes

(P.B. 1978-1997, Sec. 147; amended June 12, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: What is now subdivision (4) was added and what had been subdivision (4) was redesignated as subdi- vision (5). COMMENTARY—2026: The change to this section renum- bers subdivision (4) as subdivision (5) and adds new subdivi- sion (4) that allows a party to request that any express agreement alleged as a ground of action or defense be attached to the adverse party's complaint. The most likely reason for such a request would be for the purposes of filing a motion to strike. The provisions of Section 10-29, which generally do not require the plaintiff to attach the written agreement to the original complaint, are not impacted by this change. Section 4-7 will continue to control to the extent there is any personal identifying information in the agreement sought to be attached. If a litigant opposes the requested revision because they claim the agreement sought to be attached contains trade secrets or other confidential information, Section 11-20A would con- trol, and that litigant could move to file under seal or seek to otherwise limit disclosure by redactions, etc., the agreement sought to be attached.