Court Upholds Dismissal of Case Due to Party’s Failure to Attend Hearing

Following the court’s rules and orders can be as important as the case itself. In a recent case, a claim was dismissed after the man and his attorney failed to attend a scheduled hearing. The man filed a complaint against a defendant after he sustained injuries during a fight at the defendant’s nightclub. However, in the complaint, the man stated the wrong date of the incident, and the incorrect date signified that the three-year statute of limitations had expired. Thus, the defendant moved to dismiss the claim based on the statute of limitations. A motion hearing was scheduled, but the plaintiff failed to appear at the hearing, despite having been properly informed of the hearing according to court rules. As a result, the case was dismissed.

Soon afterward, the plaintiff argued that the dismissal should be vacated because his attorney did not receive notice of the hearing. The court denied the motion to vacate the dismissal, and the plaintiff appealed. That state’s supreme court held that there were no extenuating circumstances that excused the plaintiff’s failure to attend the hearing, and the dismissal was upheld.

Illinois Court Rules and Consequences

When litigating a medical malpractice or personal injury case in Illinois, all parties and attorneys are required to comply with the Illinois Court Rules. Illinois Supreme Court Rule 219 details the consequences for refusing to comply with the rules or a judge’s order.

If a party refuses to comply with a judge’s order or the court rules, there are a number of possible consequences. First, the proceedings may be put on hold until the order or rule is followed. Second, the party not in compliance can be barred from filing a pleading on the issue on which it is refusing to comply. Third, the party not in compliance can be barred from contesting the issue in subsequent claims. Fourth, the party could be prevented from presenting a witness to testify on that issue. Fifth, if the issue is material, a default judgment may be entered against the offending party, or the case may be dismissed. Sixth, a default judgment may be entered on that issue. Seventh, the offending party can be required to pay the other party costs plus interest. Finally, the court may impose a sanction that it finds is appropriate, including paying for the reasonable expenses incurred as a result of the misconduct.

Dismissal of a Case

If a case is dismissed, a dismissal without prejudice means that the party can refile the case. This generally means that there was a deficiency in the filing or the claim, and it can be refiled with the appropriate measures in place. If a case is dismissed with prejudice, this means that the case is dismissed permanently and can never be refiled.

Has Your Case Been Dismissed?

If your case has been dismissed, you may be able to refile the case, depending on whether it was dismissed with prejudice. Regardless, failing to otherwise comply with a court rule or a judge’s order can have a drastically negative effect on your case. That is why is it essential to hire a skilled attorney who will follow the relevant rules in order to help you assert your rights and assist you in seeking compensation. The Chicago premises liability attorneys at Moll Law Group diligently represent individuals and families in Wheaton, Naperville, Schaumburg, and communities throughout Cook County. To learn more, use our online form or call us at 312-462-1700 to set up a free consultation.

See More Posts:

Boy Killed in Skateboarding Accident Barred from Compensation Because He Assumed the Risks of the Activity, Illinois Injury Lawyer Blog, July 1, 2016.

Court Finds Nursing Home Waived Its Right to Arbitration Despite Signed Arbitration Clause, Illinois Injury Lawyer Blog, June 13, 2016.

Court Dismisses Case After Failure to Pay Filing Fee Within Statute of Limitations, Illinois Injury Lawyer Blog, June 25, 2016.