Yes, a civil lawsuit can be resolved and dismissed by agreement prior to the first court date, voluntarily dismissed under Illinois Code of Civil Procedure 5/2-1009, or dismissed for lack of prosecution. In such cases, there is no judgment against the defendant(s) and thus they can later file a motion to have the case dismissed with prejudice.
The parties may have been able to resolve their dispute outside of court through settlement discussions held between them and their lawyers. When these efforts fail, there are two ways that a case can be dismissed: by order of the court or by agreement of the parties. An order dismissing a case is called a "judgment". Without a judgment, the case cannot be refiled.
In most jurisdictions, a case can only be dismissed by court order. This is true in Illinois too. However, under certain circumstances, a case can also be voluntarily dismissed by agreement of the parties. Further, under some circumstances, a party can move for dismissal without filing any papers with the court. For example, this might occur if it can be shown that the other party has failed to comply with relevant court orders. In any event, all dismissals must be agreed to by both parties or they cannot be dismissed. Judges can dismiss cases themselves but they usually wait for the parties to request this action.
In Alka Gupta vs. Narender Kumar Gupta, the Supreme Court ruled that an action cannot be dismissed without a trial just because the court is unsatisfied with the plaintiff's conduct. 17. The Code specifies the conditions under which a civil complaint may be dismissed without a trial. One such condition is when "the opposite party has pleaded or proved any defense to the claim." This provision applies only if there is a claim for relief brought before the court. Otherwise, the case would not proceed to trial. 18. Another condition is when "a judgment is entered against the plaintiff." At this stage, there is no longer a claim pending before the court, so it cannot be continued or revived.
19. Yet another condition is when "an agreement of settlement is reached by the parties." If the parties reach an agreement about how the case should be resolved, then there is no need for a trial; the case is over.
20. A final condition is when "a verdict is returned in favor of the defendant." If the jury finds for the defendant, then there is no reason for the case to continue in court.
21. Dismissal is an extreme remedy that should be used only as a last resort. Whether a case will be dismissed depends on the circumstances of each individual case.
The dismissal order, however, becomes a definitive decision that can be appealed after the balance of the case is voluntarily dismissed. This means that if the plaintiff files one more action before all claims in the first action have been resolved, the court may treat this as an attempt to circumvent the ruling on dismissal and award attorney's fees to the defendant for having to defend against such frivolous litigation.
A case that is dismissed involuntarily is dismissed against the wishes of the prosecution if the court believes that the case should not be tried for good cause. A judge may dismiss a case without prejudice in order to allow mistakes in the case to be corrected before the matter is remanded to court. Or the judge may believe that even though there is enough evidence to try the case, it would be more efficient if the prosecutor allowed the case to be tried again before a new judge.
The word "dismiss" has several different meanings depending on the context in which it is used. In general, a dismissal means that a case will not be pursued any further, either by the police or in court. However, a dismissal can also mean that the charge is withdrawn by the prosecutor without necessarily ending the case. Finally, a dismissal can also mean that a case is won by the defendant, who is declared not guilty.
In law enforcement, a complaint is filed by an individual with police alleging that someone has committed a crime. If the police decide to pursue the investigation, they will issue an arrest warrant for the suspect. The complainant will then appear in court and request that the case be moved forward so that it can be tried before a jury. If the prosecutor agrees that there is sufficient evidence to go ahead with the trial, then the case will be scheduled for trial.
When a small claims case is "dismissed," the court ends it without a trial and before the matter is completed. A dismissal effectively dismisses the plaintiff's claim to the money claimed in the Small Claims Complaint (or a counterclaim), even if the court has never reviewed the merits of the case.
The plaintiff or counter-claimant can appeal the dismissal, which means that they can ask a higher court to review the case's final decision.
In some states, plaintiffs can also file small claims cases over $10,000. The maximum amount of money that can be awarded in such cases is usually less than $100,000. If a case is filed in this manner, the judge can award any amount up to $10,000. Any amount above $10,000 must be filed in state court.
In other words, filing a small claims case under $10,000 is similar to filing a regular lawsuit - except that you do not go through a lawyer and the process is much simpler. There is no reason to file a small claims case below $10,000 other than to take advantage of the low filing fee. If your claim is worth more than $10,000, there are other procedures for filing a lawsuit.
Small claims cases often involve issues such as unpaid bills or violations of a contract's terms.