Illinois General Assembly - Illinois Compiled Statutes

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735 ILCS 5/2-1401

(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)

Sec. 2-1401. Relief from judgments.

(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.

(Source: P.A. 95-331, eff. 8-21-07.)