Voluntary dismissal and witness disclosure: don't be unpleasantly surprised

Section 2-1009 of the Code of Civil Procedure allows a plaintiff to dismiss a lawsuit without prejudice any time before trial. You can dismiss and then refile if that furthers your client's interests or gives you an advantage of some kind. What you can't do, though, is refile and then disclose new Rule 213 witnesses if the deadlines for witness disclosure in the original filing have passed, warns Alyx J. Parker in the latest issue of the ISBA's YLDNews. The reason: Rule 219(e) doesn't allow you to use voluntary dismissal as a way to avoid discovery requirements.  Read Alyx's analysis.
Posted on April 13, 2011 by Mark S. Mathewson
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