Legal Question in Personal Injury in Illinois

How do I file a stipuation and order to dismiss?

I sued someone in small claims court. He filed an appearence. We have our first court date this Tuesday. We have since settled the matter and he's a greed to pay me. It's my understanding that I have to formally drop the suit. To do this I was told I have to file a stipulation and order to dismiss.

Can you explain the procedure for doing this? Can I fill out the order and have the judge sign it Tuesday? Or will I have to file it with the court and go back at a later date? Am I using the right form?


Asked on 5/28/09, 10:57 pm

2 Answers from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: How do I file a stipuation and order to dismiss?

If he is agreeing to pay, you are better off to have it entered as a judgment. Then the judgment is enforceable if he chooses not to honor the agreement. If you dismiss your case with prejudice, you can never go back to court to file it again.

I would either ask that he consent to a judgment, or ask the court to continue the matter so that you can work out payment before you dismiss.

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Answered on 5/29/09, 11:09 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: How do I file a stipuation and order to dismiss?

Cook County has a form, fill it out and have a judge sign it.

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Answered on 5/28/09, 10:58 pm


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