Legal Question in Real Estate Law in Illinois
what do you do if a motion has been filed but nerver heard by the courts, never denied, never dimissed, never continued., nothing nthing in the file. its been 10 months. can it be remotioned and heard,
2 Answers from Attorneys
It depends on why it has not been heard. Someone needs to ask the judge's clerk what happened to it. If the case was dismissed for want of prosecution, then you need to find out if it was dismissed "with prejudice". "With prejudice" means that the case can never be re-riled. If the statute of limitations has expired on the underlying matter, then it's gone and cannot come back.
Motions are almost always given hearing date at the time of filing. If it was scheduled and either of the parties did not appear, then there is a default judgment in favor of the party that showed up. If nobody showed up, it, and probably the rest of the case, goes away and the plaintiff needs to re-file the case if possible.
There are motions for literally dozens of different kinds of things; what kind of motion was this for. Just because a motion was filed doesn't mean it was "spindled up" (actually put down on the court's docket to be heard). Provide more information and we may be able to be of more help.
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