Lighthart v. Pevsner

2 Citing cases

  1. Baird v. Adeli

    214 Ill. App. 3d 47 (Ill. App. Ct. 1991)   Cited 30 times
    Holding that, for purposes of voluntary dismissal under section 2-1009 of the Code of Civil Procedure, "before trial" means before the start of jury selection

    In rejecting the defendant's argument that trial had begun when the preliminary motions were heard, the supreme court looked to the fact that no jury had been selected, no prospective jurors had been examined or sworn, and counsel had made no opening statement in determining trial had not begun. See also Lighthart v. Pevsner (1987), 157 Ill. App.3d 66, 510 N.E.2d 84 (granting of motion for voluntary dismissal was proper when made before voir dire). While no case addresses whether a panel of four jurors constitutes a jury for purposes of section 2-1009 analysis, we need not determine whether a jury existed, since Kahle states that the examination of prospective jurors is an indicator trial has begun. It is clear from the record that the proceedings on July 27, 1987, concerned the examination and swearing in of jurors.

  2. Cummings v. Simmons

    521 N.E.2d 634 (Ill. App. Ct. 1988)   Cited 4 times
    Declaring that a trial has commenced if the jury has been examined and sworn in

    In rejecting the defendant's argument that trial had begun when the preliminary motions were heard, the supreme court looked to the fact that no jury had been selected, no prospective jurors had been examined or sworn, and counsel had made no opening statement in determining trial had not begun. See also Lighthart v. Pevsner (1987), 157 Ill. App.3d 66, 510 N.E.2d 84 (granting of motion for voluntary dismissal was proper when made before voir dire). • 4 While no case addresses whether a panel of four jurors constitutes a jury for purposes of section 2-1009 analysis, we need not determine whether a jury existed, since Kahle states that the examination of prospective jurors is an indicator trial has begun. It is clear from the record that the proceedings on July 27, 1987, concerned the examination and swearing in of jurors.