Legal Question in Personal Injury in Illinois
Dismissed????
I have had a case personal injury case in the law division of Cook County for over a year. I don't have a lawyer and I am the defendant. I check on the case via the website and the other day this appeared. DISMISSED FOR WANT OF PROSECUTION CASE SET ABOVE BLACK LINE can anyone tell me what this means?
1 Answer from Attorneys
Re: Dismissed????
That means that they failed to attend a court call and the court has dismissed the case. Two things can happen:
1- they can vacate the dismissal if they file their motion within 30 days--and that motion will be routinely granted and the case will get back on course.
2- if they don't file their motion within 30 days of the dismissal, then they will have 2 years to file a petition to vacate but they have to show good reasons why the case should be vacated.
3- it is possible that they can simply refile the case within one year and start all over... in that case, you are entitled to your costs of filing an appearance and a jury demand (if you have filed a jury demand). This third option is a possibility but not a certainty--you may be able to fight it if and when it comes to reality.
I hope this helps-