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Illinois Compiled Statutes 735 ILCS 5/2-1401 - Relief from judgments

Written by Steven Daily, LawServer Attorney-Editor   
June 30, 2013

Illinois Compiled Statutes > 735 ILCS 5 > Article II > Part 14 > 735 ILCS 5/2-1401


Current as of: 2013

(a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review and bills in the nature of bills of review are abolished. All relief heretofore obtainable and the grounds for such relief heretofore available, whether by any of the foregoing remedies or otherwise, shall be available in every case, by proceedings hereunder, regardless of the nature of the order or judgment from which relief is sought or of the proceedings in which it was entered. Except as provided in Section 6 of the Illinois Parentage Act of 1984, there shall be no distinction between actions and other proceedings, statutory or otherwise, as to availability of relief, grounds for relief or the relief obtainable.
     (b) The petition must be filed in the same proceeding in which the order or judgment was entered but is not a continuation thereof. The petition must be supported by affidavit or other appropriate showing as to matters not of record. All parties to the petition shall be notified as provided by rule.
     (c) Except as provided in Section 20b of the Adoption Act and Section 2-32 of the Juvenile Court Act of 1987 or in a petition based upon Section 116-3 of the Code of Criminal Procedure of 1963, the petition must be filed not later than 2 years after the entry of the order or judgment. Time during which the person seeking relief is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years.
     (d) The filing of a petition under this Section does not affect the order or judgment, or suspend its operation.
     (e) Unless lack of jurisdiction affirmatively appears from the record proper, the vacation or modification of an order or judgment pursuant to the provisions of this Section does not affect the right, title or interest in or to any real or personal property of any person, not a party to the original action, acquired for value after the entry of the order or judgment but before the filing of the petition, nor affect any right of any person not a party to the original action under any certificate of sale issued before the filing of the petition, pursuant to a sale based on the order or judgment.
     (f) Nothing contained in this Section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.
previous sectionPart 14 Table of ContentsIllinois Compiled Statutes 735 ILCS 5/2-1401.1 - Relief from default judgment; military personnel in military service

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Comments (1)add comment
Cynthia Peters: ...
What does section a) mean in terms of the original judgment? What does section b) mean in terms of the original petition.? That it must be the same, as the original , different, both?
1

January 25, 2012

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