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?


Asked on 6/09/09, 5:23 pm

1 Answer from Attorneys

Nima Taradji Taradji Law Offices

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-

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Answered on 6/09/09, 5:50 pm


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