Legal Question in Civil Litigation in Illinois

A person in a minstry I volunteer with is being sued in small claims court. The other side, the ones bringing the suit keep asking for delays and they have been granted. It is almost a full year now. My friend wants her day in court to address these charges, how many delays can be granted? It was our understanding that small claims was quick. This is in Illinois. Is there a motion we can file to speed things up?


Asked on 9/12/10, 3:15 pm

2 Answers from Attorneys

Nima Taradji Taradji Law Offices

It depends on the nature of the delays and the reasons for them. I need more facts before I can tell you whether there is or there is not a motion to make.

Generally however, your friend can object to the delays and tell the judge that all these delays are causing inconveniences and possible even expenses. Under some circumstances she may be able to file a motion to dismiss for want of prosecution and perhaps even other motions.

But, you need to give a lot more information. You may call my office on Monday and I will be more than happy to briefly discuss this with you.

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Answered on 9/18/10, 6:50 am

Nima is correct. You should file a written objection to any further motions for continuances.

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Answered on 9/21/10, 2:05 pm


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