This Article analyzes the practice of plaintiff's motions for voluntary dismissals in Illinois Courts, both state through Illinois Code of Civil Procedure Section 2-1009 and Federal through Federal Rule of Civil Procedure 41. Many commentators have said that there has been abuse of voluntary dismissals in Illinois state courts. Thus, because the Federal Rule gives the trial judge more discretion in denying voluntary dismissals, these commentators have argued for an adoption of a state rule (procedure) which is more similar to the Federal rule. This Article compares the practice and standard of the two provisions and concludes that no such adoption is necessary because defendants are adequately protected from abuse by not only the state provision itself but also by other sections of the Illinois Code of Civil Procedure.
Northern Illinois University Law Review
Johnston, Robert G. and Johnston, lain D.
"Voluntary Dismissals in Illinois,"
Northern Illinois University Law Review: Vol. 9:
3, Article 7.
Robert G. Johnston and lain D. Johnston, Voluntary Dismissals in Illinois, 9 N. Ill. U. L. Rev. 515 (1989).