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Illinois Compiled Statutes

735 ILCS 5/2-1009 (2026)

Voluntary dismissal

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(735 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.
(Source: P.A. 88-157.)

    
Notes of Decisions
Cited in 209 cases (53 in the last 5 years), 1994–2026 · leading case: Hudson v. City of Chicago, 889 N.E.2d 210 (Ill. 2008).
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Hudson v. City of Chicago, 889 N.E.2d 210 (Ill. 2008). · cites it 6× “On July 25, 2002, plaintiffs voluntarily dismissed the remaining willful and wanton misconduct count pursuant to section 2-1009 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-1009 (West 2000)). On July 23, 2003, plaintiffs refiled their action, setting forth only one…”
Richter v. Prairie Farms Dairy, 2016 IL 119518, 53 N.E.3d 1. · cites it 4× “Plaintiffs then moved to voluntarily dismiss their lawsuit without prejudice, which the court granted pursuant to section 2-1009 of the Code of Civil Procedure (735 ILCS 5/2-1009 (West 2012)). ¶ 11 B. Richter II ¶ 12 On September 6, 2013, plaintiffs filed their four-count…”
Bowman v. Ottney, 2015 IL 119000, 48 N.E.3d 1080. · cites it 3× “After these rulings but prior to trial, Bowman voluntarily dismissed her complaint, pursuant to section 2-1009(a) of the Code (735 ILCS 5/2-1009 (West 2014)). Four months later, Bowman refiled her cause of action against Ottney, in accordance with section 13-217 of the Code (735…”
Richter v. Prairie Farms Dairy, 2016 IL 119518. · cites it 3× “Plaintiffs then moved to voluntarily dismiss their -3- lawsuit without prejudice, which the court granted pursuant to section 2-1009 of the Code of Civil Procedure (735 ILCS 5/2-1009 (West 2012)). ¶ 11 B. Richter II ¶ 12 On September 6, 2013, plaintiffs filed their four-count…”
Yvonne Owusumensah v. Cavalry Portfolio Servs., 822 F.3d 388 (7th Cir. 2016). “Section 1692e(5) does not punish debt collectors for engaging in a customary cost-benefit analysis when conducting litigation, nor does it constrain them to mechanically steer the proceedings toward trial with no regard for expense or efficiency.”
O'Casek v. Child.'s Home & Aid Soc'y, 892 N.E.2d 994 (Ill. 2008). “Plaintiff responded with a motion to voluntarily dismiss the complaint (735 ILCS 5/2-1009 (West 2002)). The trial court granted plaintiff's motion without prejudice.”
BankFinancial, FSB v. Tandon, 2013 IL App (1st) 113152, 989 N.E.2d 205. · cites it 3× “¶ 22 If a plaintiff voluntarily dismisses his or her case pursuant to section 2-1009 of the Code (735 ILCS 5/2-1009 (West 2010)) or if a plaintiff’s action is dismissed for want of prosecution, section 13-217 of the Code permits a plaintiff to refile the action within one year…”
Wilson v. Edward Hosp., 2012 IL 112898, 981 N.E.2d 971. “In 2009, plaintiffs voluntarily dismissed their complaint pursuant to section 2-1009 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1009 (West 2008)). One year later, plaintiffs refiled their action.”
Rein v. David A. Noyes & Co., 649 N.E.2d 64 (Ill. App. Ct. 2d Dist. 1995). · cites it 4× “COMMON-LAW COUNTS In Rein I , after the trial court denied plaintiffs' motion for a Rule 304(a) finding, plaintiffs voluntarily dismissed the common-law counts pursuant to section 2-1009 of the Code (735 ILCS 5/2-1009 (West 1992)). Following their unsuccessful appeal to this…”
Carlson v. Rehab. Inst. of Chicago, 2016 IL App (1st) 143853, 50 N.E.3d 1250. “735 ILCS 5/2-1009 (West 2008). A jury found Medi-Car was not negligent.”
In re Marriage of Romano, 2012 IL App (2d) 091339, 968 N.E.2d 115. “See 735 ILCS 5/2-1009 (West 2008). On September 11, 2008, the trial court granted Daniel's motion.”
Jenkins v. Vill. of Maywood, 506 F.3d 622 (7th Cir. 2007). “If the case had been dismissed under 735 ILCS 5/2-1009, Jenkins might be correct.”
Show all 209 citing cases →
735 ILCS 5/2-1009(a): 71 cases
Hudson v. City of Chicago, 889 N.E.2d 210 (Ill. 2008). “On July 25, 2002, plaintiffs voluntarily dismissed the remaining willful and wanton misconduct count pursuant to section 2-1009 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-1009 (West 2000)). On July 23, 2003, plaintiffs refiled their action, setting forth only one…”
Bowman v. Ottney, 2015 IL 119000, 48 N.E.3d 1080. “After these rulings but prior to trial, Bowman voluntarily dismissed her complaint, pursuant to section 2-1009(a) of the Code (735 ILCS 5/2-1009 (West 2014)). Four months later, Bowman refiled her cause of action against Ottney, in accordance with section 13-217 of the Code (735…”
Yvonne Owusumensah v. Cavalry Portfolio Servs., 822 F.3d 388 (7th Cir. 2016). “Section 1692e(5) does not punish debt collectors for engaging in a customary cost-benefit analysis when conducting litigation, nor does it constrain them to mechanically steer the proceedings toward trial with no regard for expense or efficiency.”
Richter v. Prairie Farms Dairy, 2016 IL 119518, 53 N.E.3d 1. “Plaintiffs then moved to voluntarily dismiss their lawsuit without prejudice, which the court granted pursuant to section 2-1009 of the Code of Civil Procedure (735 ILCS 5/2-1009 (West 2012)). ¶ 11 B. Richter II ¶ 12 On September 6, 2013, plaintiffs filed their four-count…”
People v. Chester, 2014 IL App (4th) 120564, 5 N.E.3d 227.
735 ILCS 5/2-1009(b): 5 cases
Smith v. Cent. Illinois Reg'l Airport, 782 N.E.2d 973 (Ill. App. Ct. 4th Dist. 2003).
Wilmington Sav. Fund Soc'y FSB v. Schrader, 2022 IL App (1st) 210372-U.
In re Est. of Wilcox, 2023 IL App (1st) 221938-U.
Kaur v. Fischel & Kahn, Ltd., 2025 IL App (1st) 241667-U.
Winn v. Mitsubishi Motor Mfg. of Am., Inc., No. 4-99-0173 (Ill. App. Ct. 4th Dist. Dec. 8, 1999).
735 ILCS 5/2-1009(c): 2 cases
Centeno v. Illinois Workers' Comp. Comm'n, 2020 IL App (2d) 180815WC.
Div.-Gaylord, LLC v. Crest Hill Land Dev., LLC, 2020 IL App (3d) 180528-U.
735 ILCS 5/2-1009(d): 1 case
City of Marion v. Ball, 2025 IL App (5th) 250017-U.
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