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40 Illinois opinions name it 2 courts 1996–2026 21 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 |
|---|---|---|
People v. Vincentgreen2 sentences2020Thus, we cite in this opinion to the latest version of the statute. -7- ¶ 33 Since section 2-1401 is a civil remedy, it is “subject to the usual rules of civil practice.” Vincent, 226 Ill. 2d at 8. 2014It stated that this "observation" had been true when such relief was available under common law writs but, when the legislature abolished the writs in favor of the section 2-1401 statutory remedy, "it became inaccurate to continue to view the relief in 27 1-12-1424 strictly equitable terms" and "relief [under section 2-1401] is no longer purely discretionary." Vincent, 226 Ill. 2d at 16 . ¶ 58 The Vincent holding notwithstanding, courts have created equitable exceptions to the due diligence requirement of section 2-1401. | 9 | 20 |
People v. Sanchezgreen2 sentences2024People v. Sanchez, 131 Ill.2d 417, 420 (1989). 2020People v. Sanchez, 131 Ill. 2d 417, 420 (1989). | 2 | 3 |
People v. Thomasgreen2 sentences2021Though section 2-1401 provides a civil remedy, it extends to criminal cases where a defendant may seek to “correct all errors of fact occurring in the prosecution of a case, that were unknown to the petitioner and the court at the time of trial, which, if then known, would have prevented the judgment from being entered.” People v. Thomas, 364 Ill. App. 3d 91, 98 (2006). 2012Perjury “A criminal conviction obtained through the State’s knowing use of false testimony constitutes a violation of due process. [Citation.] A defendant seeking relief from a judgment based on false testimony may do so under section 2-1401 and need not -5- establish that the prosecution knowingly used false testimony. [Citation.] Where a criminal defendant seeks to overturn his conviction on the basis of perjured testimony, the defendant must not merely allege perjury by State’s witnesses, but must present clear, factual allegations of perjury and not mere conclusions or opinions.” Thomas, 3 | 1 | 2 |
People v. Clemonsgreen1 sentence2026People v. Clemons, 2023 IL App (1st) 192169, ¶ 21. | 1 | 1 |
Helmig v. John F. Kennedy Community Consolidated School District No. 129green1 sentence2015It stated that this “observation” had been true when such relief was available under common law writs but, when the legislature abolished the writs in favor of the section 2-1401 statutory remedy, “it 9 “[A] plaintiff has standing if he is able to show some injury in fact to a legally recognized interest. [Citation.] A proponent must assert his own legal rights and interests, rather than basing his claim for relief upon the rights of third parties.” Helmig v. John F. Kennedy Community Consolidated School District No. 129, 241 Ill. | 1 | 1 |
People v. Lawtongreen1 sentence2014See People v. Lawton, 212 Ill. 2d 285, 287 (2004) (recognizing that the statutory language of section 2-1401 does not expressly limit its application to errors of fact, and holding that a section 2-1401 petition is a viable mechanism for bringing ineffective assistance of counsel claims where relief under the Post-Conviction Hearing Act is unavailable). ¶ 22 Instead, on appeal, the State argues against the merits of the defendant’s ineffective assistance of counsel claim. | 1 | 1 |
Davis v. Chicago Transit Authoritygreen1 sentence2009App. 3d 374, 381 (1984); Davis v. Chicago Transit Authority, 82 Ill. | 1 | 1 |
In Re Marriage of Ohlsongreen1 sentence2009App. 3d at 483 (“The section 2-1401 remedy was not intended to put in issue matters that previously could have been adjudicated”); In re Marriage of Ohlson, 126 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Smith v. Airoom, Inc.
green
2 sentences2026But under these facts, we cannot conclude the trial court abused its discretion in finding due diligence. ¶ 30 Finally, section 2-1401 is an equitable remedy, and a court may vacate a default even absent strict compliance with the due diligence requirements “where justice and good conscience may require it.” Smith, 114 Ill. 2d at 225 . 2021Smith, 114 Ill. 2d at 221 . 4 ¶ 12 Although section 2-1401 provides a civil remedy, it is available in both civil and criminal cases. | 2 | 2021–2026 |
People v. Stoecker
green
2 sentences2026People v. Stoecker, 2020 IL 124807, ¶ 18 . 2023Stoecker, 2020 IL 124807, ¶ 18 . | 2 | 2023–2026 |
People v. De Leon
green
2 sentences2021People v. De Leon, 387 Ill. 2021People v. De Leon, 387 Ill. | 2 | 2021–2021 |
People v. Brown
green
2 sentences2016In Brown, our supreme court pointed out that a remedy under section 2-1401 does not require a defendant "to establish a constitutional violation or, in the case of false testimony, that the false testimony was knowingly used by the prosecution." Brown, 169 Ill. 2d at 107 . 1996As this court explained in People v. Brown, 169 Ill.2d 94 , 107-08, 214 Ill. | 2 | 1996–2016 |
People v. Harvey
green
2 sentences2003People v. Harvey, 196 Ill.2d 444, 447 , 257 Ill.Dec. 98 , 753 N.E.2d 293 (2001) (stating that section 2-1401 provides a civil remedy, which also applies to criminal cases). 2003People v. Harvey, 196 Ill.2d 444, 447 , 257 Ill.Dec. 98 , 753 N.E.2d 293 (2001) (stating that section 2-1401 provides a civil remedy, which also applies to criminal cases). | 2 | 2003–2003 |
Excalibur Energy Co. v. Rochman
neutral
1 sentence2026App. 2d 242, 245 (1970) (suit to quiet title is not the proper proceeding to consider a collateral attack upon a judgment of the county court issuing a tax deed). 9 ¶ 26 More recently, in Excalibur Energy Co. v. Rochman, 2014 IL App (5th) 130524 , this court reaffirmed that, pursuant to section 22-45 of the Property Tax Code, section 2-1401 was the sole remedy to set aside a tax deed more than 30 days after the judgment. | 1 | 2026–2026 |
Stolfo v. Kindercare Learning Centers, Inc.
green
1 sentence2021The petition is filed in the same proceeding as the challenged judgment, but is a separate collateral action, not a continuation of the original proceeding. 735 ILCS 5/2-1401(b) (West 2016); Stolfo v. KinderCare Learning Ctrs., Inc., 2016 IL App (1st) 142396, ¶ 25 . | 1 | 2021–2021 |
People v. Haynes
green
1 sentence2021Haynes, 192 Ill. 2d at 461 . | 1 | 2021–2021 |
People v. Pinkonsly
green
1 sentence2021Pinkonsly, 207 Ill. 2d at 267-268 .- While the court has no duty to appoint counsel to represent the petitioner, it may do so at its discretion. | 1 | 2021–2021 |
Cavalry Portfolio Services v. Rocha
green
2 sentences2014Fanady cites to Cavalry Portfolio Services, 2012 IL App (1st) 111690 , in which the court held: "a trial court ruling denying section 2-1401 relief can be vacated even in the absence of diligence where the defendant has a meritorious defense and actively seeks to vacate the judgment. [Citation.] More important than the due diligence requirement is the requirement that substantial justice be achieved." Cavalry Portfolio Services, 2012 IL App (1st) 111690, ¶ 18 . 2014Fanady cites to Cavalry Portfolio Services, 2012 IL App (1st) 111690 , in which the court held: "a trial court ruling denying section 2-1401 relief can be vacated even in the absence of diligence where the defendant has a meritorious defense and actively seeks to vacate the judgment. [Citation.] More important than the due diligence requirement is the requirement that substantial justice be achieved." Cavalry Portfolio Services, 2012 IL App (1st) 111690, ¶ 18 . | 1 | 2014–2014 |
People v. Hinton
green
2 sentences2007People v. Sanchez, 131 Ill.2d 417, 420 , 137 Ill.Dec. 629 , 546 N.E.2d 574 (1989); People v. Hinton, 52 Ill.2d 239 , 287 N.E.2d 657 (1972). 2007People v. Sanchez, 131 Ill.2d 417, 420 , 137 Ill.Dec. 629 , 546 N.E.2d 574 (1989); People v. Hinton, 52 Ill.2d 239 , 287 N.E.2d 657 (1972). | 1 | 2007–2007 |
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.