How is a contempt petition brought back before the court if the defendant does not cooperate?

02/25/2009 - Category:Civil Actions - Dismissal - State: IL #15358

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If a petition regarding contempt has been withdrawn because the defendant agrees to certain terms, but then doesn't follow through with those agreed terms, can the petition be brought back?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?


The answer will depend on the nature of the withdrawal and the circumstances involved, but generally, when a person voluntarily dismisses a pleading, it may be refiled if the dismissal was without prejudice. It the dismissal was stated to be with prejudice, that means it the same claim cannot be refiled later. A request to find a person in contempt is typically made in response to a previous order of the court that is being violated. The request for a finding of contempt of the order is typically made through a motion. I am unable to provide legal advice, as this service provides information of a general legal nature. I suggest calling the clerk of courts where the motion was dismissed to inquire about refiling, as local rules of court vary by court.

The following is an IL statute:

ILCS 5/2-1009 (from Ch. 110, par. 2-1009)

Sec. 2-1009. Voluntary dismissal.

(a) The plaintiff may, at any time before trial or hearing begins, upon notice to each party who has appeared or each such party's attorney, and upon payment of costs, dismiss his or her action or any part thereof as to any defendant, without prejudice, by order filed in the cause.
(b) The court may hear and decide a motion that has been filed prior to a motion filed under subsection (a) of this Section when that prior filed motion, if favorably ruled on by the court, could result in a final disposition of the cause.
(c) After trial or hearing begins, the plaintiff may dismiss, only on terms fixed by the court (1) upon filing a stipulation to that effect signed by the defendant, or (2) on motion specifying the ground for dismissal, which shall be supported by affidavit or other proof.
(d) A dismissal under subsection (a) of this Section does not dismiss a pending counterclaim or third party complaint.
(e) Counterclaimants and third-party plaintiffs may dismiss upon the same terms and conditions as plaintiffs.

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02/25/2009 - Category: Dismissal - State: IL #15358

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