2-1009.Voluntary dismissal.

Before trial or a hearing begins, Section 2-1009 gives a plaintiff considerable freedom to walk away from a case. On notice to each party who has appeared, or that party's attorney, and on payment of costs, the plaintiff can dismiss the action or any part of it as to any defendant, without prejudice, by an order filed in the case. There is one check on that freedom: if a motion that could finally dispose of the case was filed before the plaintiff's dismissal motion, the court can still hear and decide that earlier motion rather than let the dismissal end the case first.

Once trial or a hearing has begun, the plaintiff's freedom to dismiss narrows considerably. Section 2-1009(c) allows dismissal at that stage only on terms the court fixes, and only in one of two ways: through a stipulation signed by the defendant agreeing to the dismissal, or through a motion specifying the grounds for dismissal, supported by affidavit or other proof.

A voluntary dismissal under subsection (a) does not take the rest of the case down with it. It does not dismiss a pending counterclaim or third-party complaint, which continue on their own. And the right to dismiss runs both ways — counterclaimants and third-party plaintiffs can dismiss their own claims on the same terms and conditions that apply to plaintiffs.