An Illinois Stipulated Dismissal Order is an agreement between the plaintiff and the defendant in a civil court case to dismiss the case without prejudice. It is a form of alternative dispute resolution and is typically used when an agreement is reached between the parties prior to trial. This agreement is then presented to the court for the judge's approval. There are two types of Illinois Stipulated Dismissal Orders: a voluntary dismissal and a dismissal with prejudice. A voluntary dismissal is when the parties agree to dismiss the case without prejudice, meaning that the case can be brought back to court if the agreement is not followed. A dismissal with prejudice is when the case is dismissed and cannot be brought back to court. In either case, the judge must sign the Stipulated Dismissal Order before it can take effect. The judge will review the agreement and may ask questions to ensure that the agreement is fair and reasonable. If the judge finds that the agreement is fair and reasonable, they will sign the order and the case will be dismissed.
Illinois Stipulated Dismissal Order
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2-1009. 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.
2-1005. Summary judgments. (a) For plaintiff. Any time after the opposite party has appeared or after the time within which he or she is required to appear has expired, a plaintiff may move with or without supporting affidavits for a summary judgment in his or her favor for all or any part of the relief sought.
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.
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 Motion to Dismiss asks the judge to dismiss the plaintiff's case. The plaintiff's case is within the complaint, which is considered a pleading. A pleading is a formal document that starts or defends a lawsuit. The defendant's answer is also considered a pleading.
2-1001. Substitution of judge. or interested in the action, or his or her testimony is material to either of the parties to the action, or he or she is related to or has been counsel for any party in regard to the matter in controversy.
Sec. 2-1003. Discovery and depositions. (a) Discovery, such as admissions of fact and of genuineness of documents, physical and mental examinations of parties and other persons, the taking of any depositions, and interrogatories, shall be in ance with rules.
Sec. 2-610. Pleadings to be specific. (a) Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates.