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Kim Courtney
Kim Courtney,
Category: Legal
Satisfied Customers: 4219
Experience:  Founder/Member at Food Business Association
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I am in a civil trial with two plaintiffs in Illinois. The

Customer Question

I am in a civil trial with two plaintiffs in Illinois. The complaint has two counts, one for each plaintiff. Only plaintiff one signed the documents and has now decided to withdraw from the case. Does the second plaintiff have to refile because they never signed the original complaint?
Submitted: 1 year ago.
Category: Legal
Expert:  Kim Courtney replied 1 year ago.

Hello, I am happy to assist you today.

Technically the plaintiff should have signed the original complaint, and without that signature it is deficient. It doesn't automatically go away though just because the other plaintiff withdrew. What happens is now the defendant has a chance to make a motion to strike the complaint in full because it was never executed. The judge will have to decide if he or she wants to give the plaintiff the opportunity to submit another copy with a real signature, or not. Typically a judge would allow for this type of correction, unless there is some other stuff going on in the case I am not aware of.

Whatever the judge decides will determine whether the case has to be refiled.

Please let me know if you have any questions about this before rating my answer.

Thank you!

Kim

Customer: replied 1 year ago.
Is there a law or something that this comment is based off of?
Expert:  Kim Courtney replied 1 year ago.

Yes, you can look at the local rules of your court, where it talks about motions to strike the complaint. This is standard practice in all courts and will be outlined in those rules.

Kim

Expert:  Kim Courtney replied 1 year ago.

Hello, I am the attorney who assisted you with your question.

If you are all set please be sure to close the question with positive feedback, which will keep the system from keeping your money, and will make sure I get paid for my work with you.

Thank you,

Kim

Expert:  Kim Courtney replied 1 year ago.

Hi there, this is Kim, the attorney who helped you with your legal question.

I see that your question is still open.

Please go ahead and close out the question with positive feedback, so I get credit for my work with you.

Thank you!

Kim