An Illinois Order (Dismissal) is a legal order issued by a judge in an Illinois court to dismiss a case. There are three types of Illinois Order (Dismissal): voluntary dismissal, involuntary dismissal, and dismissal with prejudice. A voluntary dismissal is when a plaintiff decides to dismiss a case without prejudice, meaning the case is dismissed without prejudice to the plaintiff's right to bring the same action again in the future. An involuntary dismissal is ordered by a judge after a defendant has failed to respond to the plaintiff's complaint, or if the parties fail to appear at a hearing. Lastly, a dismissal with prejudice is a court order that terminates the case permanently, meaning the plaintiff cannot bring the same action again in the future.
Illinois Order (Dismissal)
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FAQ
Sometimes a court cannot provide relief to a plaintiff and the case must be dismissed with prejudice. For example, if plaintiff claims that defendant defeated her in tennis and hurt her feelings, the claim would have to be dismissed because feeling bad over a tennis match is not a cause of action.
Some reasons a party might file a motion to dismiss include: The statute of limitations has expired. The court does not have jurisdiction over the parties or the subject matter of the case. The venue, or location where the lawsuit was filed, is not proper.
?2-615 Motions to Dismiss ?In a 2-615 Motion to Dismiss, the defendant argues that there is some defect on the face of the Complaint that makes it improper and makes dismissal of the case appropriate. Typically, 2-615 Motions are granted when the Complaint fails to state allegations which amount to a cause of action.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue. (b)(4) insufficient process. (b)(5) insufficient service of process. (b)(6) failure to state a claim upon which relief can be granted. (b)(7) failure to join a party under Rule 19.
One option is to ask the judge to dismiss the case, known as a ?Request for Dismissal?. This term is essentially asking the court to end your case without further consideration. Both parties to a civil case can file a Request for Dismissal, but the reasons for doing so will vary greatly.
Voluntary dismissal. (a) The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party's attorney, and upon payment of costs, dismiss his or her action or any part thereof as to any defendant, without prejudice, by order filed in the cause.
A Dismissal Order ends the case. Upon dismissal the ?automatic stay? ends and creditors may start to collect debts unless a discharge is entered before the dismissal and the discharge is not revoked by the court. An Order of Dismissal does not free the debtor from any debt.
Although more commonly utilized by a defendant to seek dismissal of some or all of plaintiff's claims, a motion to dismiss may be filed by any party against whom a claim or defense has been asserted.