Articles Tagged with Illinois Civil Procedure Code 2-1401

Warren County Soil is important to Illinois appellate practitioners because it clears the confusion over the standard of review in appeals from orders growing from 2-1401 disputes. (Illinois Civil Procedure Code § 1401 allows relief from judgments that are more than two years old.) This is what the Illinois Supreme Court said:

[W]e hold that when a section 2-1401 petition presents a fact-dependent challenge to a final judgment or order … the petitioner must set forth specific factual allegations supporting each of the following elements: (1) the existence of a meritorious defense; (2) due diligence in presenting this defense; and (3) due diligence in filing the section 2-1401 petition for relief … The quantum of proof necessary to sustain a section 2-1401 petition is a preponderance of the evidence, and the circuit court’s ultimate decision on the petition is reviewed for an abuse of discretion … In addition, when the facts supporting the section 2-1401 petition are challenged by the respondent, a full and fair evidentiary hearing should be held … Relevant to this appeal, the trial court may also consider equitable considerations to relax the applicable due diligence standards under the appropriate limited circumstances …‍

But when the fight concerns only a question of law — e.g., a claim that the judgment was void — then there is a de novo standard of review (no discretion given to the circuit court).