Full question:
If a petition regarding contempt has been withdrawn because the defendant agrees to certain terms, but then doesn't follow through with those agreed terms, can the petition be brought back? Or, does it have to be refiled? If the original petition can be brought back, what kind of form, petition, affidavit or motion would be filed to do that?
- Category: Civil Actions
- Subcategory: Dismissal
- Date:
- State: Illinois
Answer:
The ability to reinstate a withdrawn petition for contempt depends on how it was withdrawn. Generally, if a petition is voluntarily dismissed without prejudice, it can be refiled later. However, if it was dismissed with prejudice, that means the same claim cannot be brought back.
A contempt request typically arises from a violation of a previous court order. To request a finding of contempt, you would generally file a motion. Since local court rules can vary, it’s advisable to contact the clerk of courts where the motion was dismissed to confirm the procedures for refiling.
According to Illinois law (ILCS 5/2-1009), a plaintiff can dismiss their action without prejudice before a trial begins, given that they notify the other parties and pay any costs. If the dismissal happens after the trial starts, it can only occur under specific conditions set by the court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.