Illinois Compiled Statutes
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CIVIL PROCEDURE735 ILCS 5/2-1304
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/2-1304)
(from Ch. 110, par. 2-1304)
Orders for liens and conveyances.
(a) Whenever, by any order, any party to an action is required to perform
any act other than the payment of money, or to refrain from performing any
act, the court may, in such order, provide that the same shall be a lien
upon the real or personal estate, or both, of such party until such order
is fully complied with; and such lien shall have the same force and effect,
and be subject to the same limitations and restrictions, as judgments for
the payment of money, including the time and manner when the same shall
take effect and the time and manner when the lien upon a revival thereof
shall take effect.
(b) Whenever an order is entered, directing the execution of any deed
or other writing, it shall be lawful for any judge of the court to execute
or for the court to direct the sheriff to execute such deed or other writing,
in case the parties under no disability fail to execute such deed or other
writing, in a time to be named in the order, or on behalf of minors or persons
under legal disability who have guardians; and the execution thereof shall
be valid in law to pass, release or extinguish the right, title and interest
of the party on whose behalf it is executed, as if executed by the party
in proper person, and he or she were under no disability; and whenever any
property is sold in open court, it shall be lawful for any judge to execute
a deed, certificate of sale or bill of sale or for the court to direct the
sheriff to execute a deed, certificate of sale or bill of sale to the purchaser
thereat and the execution thereof shall be valid in law to pass, release
or extinguish all right, title and interest of the parties to the action
with the same force and effect as though such sale had been held by the
sheriff pursuant to the court's order; and such deed or other writing, if
it relates to land, shall promptly after its execution by a judge or the
sheriff, be recorded in the recorder's office of the county wherein the
land is situated.
(Source: P.A. 83-351.)
735 ILCS 5/2-1305
(735 ILCS 5/2-1305)
(from Ch. 110, par. 2-1305)
Motion to stay.
A party intending to move to set aside any judgment, bond or
other proceeding may apply to the court or to the judge in chamber for
a certificate (which the judge may, in his or her discretion, grant) that there is
probable cause for staying further proceedings until the order of the court
on the motion. Service of a copy of the certificate at the time of or after
the service of the notice of the motion stays all further proceedings
accordingly. In no case shall the judge grant the certificate if the error
complained of may, by the direction of the judge to the clerk issuing the
process, be corrected, but the judge shall order and the clerk shall make
the correction in the process, nor unless the applicant has given notice of
the motion to the opposite party, or his or her attorney of record, if they or
either of them can be found in the county where the judgment was entered.
(Source: P.A. 82-280.)
735 ILCS 5/2-1306
(735 ILCS 5/2-1306)
(a) In civil litigation under any legal theory involving a signatory, a successor to a signatory, or a parent or an affiliate of a signatory to the Master Settlement Agreement described in Section 6z-43 of the State Finance Act, execution of the judgment shall be stayed during the entire course of appellate review upon the posting of a supersedeas bond or other form of security in accordance with applicable laws or court rules, except that the total amount of the supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $250,000,000, regardless of the amount of the judgment, provided that this limitation shall apply only if appellants file at least 30% of the total amount in the form of cash, a letter of credit, a certificate of deposit, or other cash equivalent with the court. The cash or cash equivalent shall be deposited by the clerk of the court in the account of the court, and any interest earned shall be utilized as provided by law.
(b) Notwithstanding subsection (a) of this Section, if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment.
(c) This Section applies to pending actions as well as actions commenced on or after its effective date, and to judgments entered or reinstated on or after its effective date.
(Source: P.A. 97-1145, eff. 1-18-13.)
735 ILCS 5/Art. II Pt. 14
(735 ILCS 5/Art. II Pt. 14 heading)
735 ILCS 5/2-1401
(735 ILCS 5/2-1401)
(from Ch. 110, par. 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.)