Legal Question in Medical Malpractice in Illinois

Voluntary Dismissal?

Could someone please help me with some procedural information. Everytime I call the clerk's office they tell me something different. If I were to voluntarily dismiss a wrongful death/medical malpractice lawsuit in Illinois, what would be the proper procedure. Is there a special form for this that I can fill out at the clerk's office, like a stipulation to dismiss, or must I go before the judge? Also, I have not served the papers yet, so does this mean I do not have to send the defendant's notice?

Thank you for any help!


Asked on 4/28/03, 7:14 am

2 Answers from Attorneys
Nima Taradji Taradji Law Offices

Re: Voluntary Dismissal?

There was a time where you could walk into court and dismiss your case voluntarily without any problem. Now you have to make a motion and go in front of the judge and then voluntarily dismiss your case. You have to send a copy ONLY to those people/entity who are of record (have filed their appearance in your case).

So you need to prepare a motion and dismiss your case "without prejudice and the right to refile" and you need to schedule the motion to be heard in front of the judge.

I hope this helps,

Nima Taradji

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Answered on 4/28/03, 8:23 am
Spencer Farris The S.E. Farris Law Firm

Re: Voluntary Dismissal?

Your email doesn't really tell me enough to give a valid answer! Do you have an attorney? If so, he/she needs to be notified, and should probably handle the dismissal for you.

Are you still interested in pursuing the case? If so, a dismissal without prejudice is required. Dismissal with prejudice will forever bar your suit from being completed in the future.

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Answered on 4/28/03, 11:21 am


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