Skip to main content

What does "Leave to Refile-Allowed" mean?

Chicago, IL |

I was a pro se plaintiff in a breach of contract civil action. I had to move to dismiss because of family problems and inability to attend two hearings. The judge granted my motion and the electronic docket says: VOLUNTARY DISMISSAL W/LEAVE TO REFILE-ALLOWED. I do wish to re-file at a later date.

Does the leave to re-file mean that I can re-file under the same case number and not have to pay a filing fee again, or is it just saying that I am allowed to re-sue in the way I would a normal lawsuit, or does it mean something else? Thank you in advance.

This is Cook County Circuit Court.

Attorney Answers 3


  1. Best answer

    It means that you voluntarily dismissed the case and the dismissal was not with prejudice. That means the suit can be refiled. It would be a new case with a new case number and you will have to pay the filing fee and the fee to serve the complaint again. I would note hat you should consider hiring a lawyer. A lawyer would attend and schedule court proceedings to eliminate scheduling conflicts.


  2. The docket statement means that you have permission to refile a new case if you would like to do so. You would have to pay a new filing fee. You are not required to refile.


  3. It means that your suit was dismissed WITHOUT prejudice, as opposed to WITH prejudice [in which case you suit would be dead]

    You likely did not plead the elements of a breact of contract properly--did not allege specific fact in support of offer, acceptance & consideration.

    I'd advise you to be cautious--if you continue to make these mistakes the Court can strike and dismiss with prejudice, even if you may hypothetically have a viable lawsuit.

    The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics