Subject: Illinois Sample Letter to Client regarding Stipulation of Dismissal — Case#: [Case Number] Dear [Client's Name], I hope this letter finds you well. I am writing to provide you with a detailed explanation of the stipulation of dismissal and its significance in your case. A stipulation of dismissal refers to an agreement between parties involved in a legal dispute to voluntarily dismiss a case without prejudice. By signing this stipulation, both parties agree to halt further legal proceedings and will not be barred from filing a similar claim in the future. In compliance with the Illinois court system procedures, two common types of stipulations of dismissal exist. These forms are commonly known as the "Stipulation of Dismissal with Prejudice" and the "Stipulation of Dismissal without Prejudice." 1. Stipulation of Dismissal with Prejudice: This type of stipulation signifies that the case is dismissed permanently. It means that the plaintiff cannot bring the same claims or lawsuit against the defendant again in the future. Typically, this stipulation is utilized when the parties have reached a settlement agreement, the plaintiff's claims lack legal merit, or both parties agree to dismiss the case without any further legal action. 2. Stipulation of Dismissal without Prejudice: Unlike the previous type, this stipulation indicates that the case is dismissed temporarily. The dismissal is not considered final, and it permits the plaintiff to refile the lawsuit based on the same claims. This situation could arise when additional evidence needs to be gathered, new facts emerge, or it is deemed necessary to reopen the case in the future. In your case, [Case Number], we have come to an agreement with the opposing party's counsel to execute a Stipulation of Dismissal [with/without] Prejudice. [Choose the correct type based on your scenario.] By signing this stipulation, we aim to conclude the current legal proceedings amicably and avoid any further litigation. It is essential to note that signing this document requires careful consideration, and upon doing so, the case will be dismissed, as agreed upon, based on the type of stipulation. Further, please be aware that the stipulation of dismissal may contain additional terms or conditions, such as confidentiality agreements or mutual releases, as required by either party or deemed appropriate for the case's resolution. We have reviewed these terms thoroughly and believe they are in your best interest. Please review the attached stipulation of dismissal carefully. If you have any questions, concerns, or suggestions regarding the document or our strategy moving forward, do not hesitate to contact me. Time is of the essence, and we should proceed accordingly to bring this matter to a close. Your satisfaction and outcomes are always our priority. It is important to make an informed decision before signing any documents; thus, I encourage you to seek legal advice to fully understand the implications of this stipulation. Thank you for placing your trust in us throughout this legal process. We will continue to provide you with dedicated representation to ensure the best possible resolution in your case. Best regards, [Your Name] [Your Law Firm] [Contact Information]
Illinois Sample Letter to Client regarding Stipulation of Dismissal
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Primary tabs. When a court dismisses an action, they can either do so ?with prejudice? or ?without prejudice.? Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
?With prejudice? means the decision is final. ?Without prejudice? means it's not final and subject to future inquiry. If the judge announces a case is dismissed with prejudice, that means it's permanently dismissed and can't be retried.
A sample stipulation of dismissal which counsel may use to discontinue a case once the parties have settled it, or for any reason a party decides to withdraw a claim.
If you were sued before filing bankruptcy, you may receive a ?Stipulation for Dismissal? or similar document from the creditor that sued you at some point after filing your Chapter 7 case. It's basically an ?agreement? letting the judge know that the court can dismiss (end/close) the case pending against you.
A case dismissed with prejudice is considered a final ruling on the merits of that case. A case dismissed without prejudice is not considered a ruling on the merits and the plaintiff is free to file a new lawsuit on the same grounds if they wish to do so.
