40 Illinois opinions name it 2 courts 1985–2025 17 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Airoom, Inc.green2 sentences2025Smith v. Airoom, Inc., 114 Ill. 2d 209, 220 (1986). “[A] section 2-1401 petition can present either a factual or legal challenge to a final judgment or order.” Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783 , ¶ 31. 2019Smith v. Airoom, Inc., 114 Ill. 2d 209, 221 (1986). “[A] section 2-1401 petition can present either a factual or legal challenge to a final judgment or order,” and “the nature of the challenge presented in a section 2-1401 petition is critical because it dictates the proper standard of review on appeal.” Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783, ¶ 31 . | 6 | 7 |
Cunningham v. Miller's General Insurancegreen1 sentence2025“In a section 2-1401 petition, the primary facts ‘are not those which would establish the underlying action, but rather facts which are sufficient merely to support an order vacating the judgment.’ ” Statia v. Orlet, 2023 IL App (5th) 220731, ¶ 12 (quoting Cunningham v. Miller’s General Insurance Co., 188 Ill. | 1 | 1 |
Statia v. Orletgreen1 sentence2025“In a section 2-1401 petition, the primary facts ‘are not those which would establish the underlying action, but rather facts which are sufficient merely to support an order vacating the judgment.’ ” Statia v. Orlet, 2023 IL App (5th) 220731, ¶ 12 (quoting Cunningham v. Miller’s General Insurance Co., 188 Ill. | 1 | 1 |
People v. Thompsongreen1 sentence2025People v. Thompson, 2015 IL 118151, ¶ 44 (citing Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783, ¶¶ 37-51 ). 2 On appeal, petitioner has abandoned the claim that the provision that mandates life in prison for multiple murders is facially unconstitutional. -6- No. 1-22-1422 ¶ 23 To obtain relief under section 2-1401, one must affirmatively set forth specific factual allegations supporting each of the following elements: (1) the existence of a meritorious defense or claim; (2) due diligence in presenting this defense or claim to the circuit court in the original acti | 1 | 1 |
People v. Caballerogreen1 sentence2021People v. Caballero, 179 Ill. 2d 205, 210-11 (1997). ¶ 18 Our standard of review depends on whether the petitioner has presented a factual or legal challenge to a final judgment or order. | 1 | 1 |
People v. Doddsgreen1 sentence2020See Dodds, 2014 IL App (1st) 122268, ¶ 19 . ¶ 38 Our standard of review depends on whether the petitioner has presented a factual or legal challenge to a final judgment or order. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Warren County Soil and Water Conservation District v. Walters
green
2 sentences2025A section 2-1401 petition can present “either a factual or legal challenge to a final judgment or order.” Warren County Soil & Water Conservation Dist. v. Walters, 2015 IL 117783, ¶ 31 . 2025Smith v. Airoom, Inc., 114 Ill. 2d 209, 220 (1986). “[A] section 2-1401 petition can present either a factual or legal challenge to a final judgment or order.” Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783 , ¶ 31. | 36 | 2015–2025 |
People v. Holmes
green
2 sentences2020Id. § 2-1401(b); Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783, ¶ 31 . “[A] section 2-1401 petition can present either a factual or legal challenge” and “the nature of the challenge presented *** dictates the proper standard of review on appeal.” Id. 2020Id. § 2-1401(b); Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783, ¶ 31 . “[A] section 2-1401 petition can present either a factual or legal challenge” and “the nature of the challenge presented *** dictates the proper standard of review on appeal.” Id. | 2 | 2020–2020 |
In re Marriage of Brubaker
green
1 sentence2024Id. ¶ 32 A petition filed under section 2-1401 may present “either a factual or legal challenge to a final judgment or order.” Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783, ¶ 31 . | 1 | 2024–2024 |
People v. Stoecker
green
2 sentences2023“It is a civil remedy that extends to both criminal and civil cases.” People v. Stoecker, 2020 IL 124807, ¶ 18 , 181 N.E.3d 201 . “[A] section 2-1401 petition can present either a factual or legal challenge to a final judgment or order.” Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783 , ¶ 31, 32 N.E.3d 1099 . ¶ 19 Generally, to obtain relief under section 2-1401 of the Code, a petitioner must (1) file his or her petition within two years of the challenged judgment or order, (2) allege a meritorious defense to the original action, and (3) show that the petition was b 2023“It is a civil remedy that extends to both criminal and civil cases.” People v. Stoecker, 2020 IL 124807, ¶ 18 , 181 N.E.3d 201 . “[A] section 2-1401 petition can present either a factual or legal challenge to a final judgment or order.” Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783 , ¶ 31, 32 N.E.3d 1099 . ¶ 19 Generally, to obtain relief under section 2-1401 of the Code, a petitioner must (1) file his or her petition within two years of the challenged judgment or order, (2) allege a meritorious defense to the original action, and (3) show that the petition was b | 1 | 2023–2023 |
In re Marriage of Goldsmith
green
1 sentence2021When a petition is based on a claim of newly discovered evidence, the petitioner must show that the evidence was not known at the time of the original proceeding and “could not have been discovered *** with the exercise of reasonable diligence.” In re Marriage of Goldsmith, 2011 IL App (1st) 093448, ¶ 15 . ¶ 26 “[A] section 2-1401 petition can present either a factual or legal challenge to a final judgment or order.” Warren County Soil & Water Conservation Dist. v. Walters, 2015 IL 117783, ¶ 31 . | 1 | 2021–2021 |
People v. Russ
green
1 sentence1990(People v. Russ (1975), 31 Ill. | 1 | 1990–1990 |
People v. J.S.
green
2 sentences1985As stated in People v. J.S. (1984), 103 Ill. 2d 395, 402 , 469 N.E.2d 1090, 1094 , “Nowhere in the Federal or in this State’s constitution is there found the right to be treated as a juvenile for jurisdictional purposes.” Second, defendant contends that in cases cited by the State the factual or legal defense preserved involved the evidence supporting or refuting the charge against the defendant, in contrast to his constitutional challenge. 1985As stated in People v. J.S. (1984), 103 Ill. 2d 395, 402 , 469 N.E.2d 1090, 1094 , “Nowhere in the Federal or in this State’s constitution is there found the right to be treated as a juvenile for jurisdictional purposes.” Second, defendant contends that in cases cited by the State the factual or legal defense preserved involved the evidence supporting or refuting the charge against the defendant, in contrast to his constitutional challenge. | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.