Lawsuit For Criminal Conversation After Dismissal of Alienation of Affection Case

**cubs** · 03-23-2012, 08:25 AM

My question involves a marriage in the state of: IL.

The case was dropped with a "with prejudice" ruling. Now he is suing me again for Criminal Conversation. I looked it up and both are very similar. Can he sue me again for basically the same lawsuit?

**antrc170** · 03-23-2012, 11:12 AM

When you say the case was dropped, do you mean it was dismissed with prejudice?

You can file a motion to dismissed based on issue preclusion via the res judicata doctrine. It basically means "already judged". Provide a copy of the earlier dismissal with prejudice to the judge. Any part of the prior trial that is essential in the new civil suit cannot be used as it has already been judged.

**cubs** · 03-23-2012, 11:15 AM

Quoting antrc170

When you say the case was dropped, do you mean it was dismissed with prejudice?

You can file a motion to dismissed based on issue preclusion via the res judicata doctrine. It basically means "already judged". Provide a copy of the earlier dismissal with prejudice to the judge. Any part of the prior trial that is essential in the new civil suit cannot be used as it has already been judged.

Yes, that's what I mean and thank you!!!!

**Mr. Knowitall** · 03-23-2012, 11:46 AM

The res judicata argument would be that there was prior litigation between the same parties, addressing the same facts and fundamentally the same issues, and that the criminal conversation claim could have been litigated at that time.

**cubs** · 03-23-2012, 12:29 PM

Quoting Mr. Knowitall

The res judicata argument would be that there was prior litigation between the same parties, addressing the same facts and fundamentally the same issues, and that the criminal conversation claim could have been litigated at that time.

I just filed a motion with your exact verbge on Monday. I'm glad I got that right. Thanks for all your help.

**cubs** · 03-25-2012, 06:32 PM

Just one more question:

There are two parties to the lawsuit and we are both the defendant. The lawsuit is against me and the company I work for. They have been served and I still haven't been served. It's well over the 30 day limit. Is their a statue of limitations of me being served? Also, would I have to pay for a appearance fee for the motion I already filed? Wouldn't a appearance fee be applicable for a response of the lawsuit? Since I haven't been served would I still have to pay for the motion. When would a appearance fee be applicable in this case?