section 2-1401 civil proceeding in Illinois

2017However, our supreme court has recognized “an exception to the ordinary two-year deadline when the petition challenges a void judgment” (Thompson, 2015 IL 118151, ¶ 29 ), as defendant claims in the case at bar. ¶ 21 “To obtain relief under section 2-1401, the defendant ‘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 action; and (3) due diligence in filing the section 2-1401 petition for relief.’ ” P

2017However, our supreme court has recognized “an exception to the ordinary two-year deadline when the petition challenges a void judgment” (Thompson, 2015 IL 118151, ¶ 29 ), as defendant claims in the case at bar. ¶ 21 “To obtain relief under section 2-1401, the defendant ‘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 action; and (3) due diligence in filing the section 2-1401 petition for relief.’ ” P

2017However, our supreme court has recognized “an exception to the ordinary two-year deadline when the petition challenges a void judgment” (Thompson, 2015 IL 118151, ¶ 29 ), as defendant claims in the case at bar. ¶ 21 “To obtain relief under section 2-1401, the defendant ‘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 action; and (3) due diligence in filing the section 2-1401 petition for relief.’ ” P

2017However, our supreme court has recognized “an exception to the ordinary two-year deadline when the petition challenges a void judgment” (Thompson, 2015 IL 118151, ¶ 29 ), as defendant claims in the case at bar. ¶ 21 “To obtain relief under section 2-1401, the defendant ‘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 action; and (3) due diligence in filing the section 2-1401 petition for relief.’ ” P

2024App. 3d 175, 176 , 802 N.E.2d 381, 383 (2003). “[A]n action brought under section 2-1401 is a civil proceeding and *** is subject to the usual rules of civil practice, even when it is used to challenge a criminal conviction or sentence.” Vincent, 226 Ill. 2d at 6 .

2024The court’s dismissal of defendant’s petition was consistent with the rules governing civil pleadings. ¶ 28 “[A]ctions pursuant to section 2-1401 are civil proceedings and are to be litigated in accordance with the usual rules of civil procedure.” People v. Vincent, 226 Ill. 2d 1, 11 , 871 N.E.2d 17, 25 (2007).

2022In addition, we have abided by the principle that an error will be deemed structural when it results in “ ‘consequences that are necessarily unquantifiable and indeterminate.’ ” Stoecker, 2020 IL 124807, ¶ 23 (quoting - 11 - United States v. Gonzalez-Lopez, 548 U.S. 140, 150 (2006)); see also Averett, 237 Ill. 2d at 14 . ¶ 45 In Stoecker, we held that a lack of notice and the denial of a reasonable opportunity to respond to a dispositive motion in a collateral civil proceeding under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2016)) did not fall within the “narrow cl

2020“Grafting the specific requirements of Rule 651 onto the section 2-1401 civil proceeding would introduce unwarranted exceptions based solely on the criminal-defendant status of a subset of section 2-1401 petitioners that have no express statutory right to counsel.” (Internal quotation marks omitted.) Stoecker, 2020 IL 124807, ¶ 41 .

2024App. 3d 175, 176 , 802 N.E.2d 381, 383 (2003). “[A]n action brought under section 2-1401 is a civil proceeding and *** is subject to the usual rules of civil practice, even when it is used to challenge a criminal conviction or sentence.” Vincent, 226 Ill. 2d at 6 .

2024“An action under section 2-1401 constitutes a civil proceeding subject to the usual rules of civil practice” and, therefore, “section 2-1401 petitions are fundamentally complaints that invite responsive pleadings.” Tuna v. Airbus, S.A.S., 2017 IL App (1st) 153645, ¶ 32 . ¶ 26 Generally, petitions brought pursuant to section 2-1401 “must be filed within two years of the order or judgment,” and “must allege a meritorious defense to the original action” and “show that the petition was brought with due diligence.” Sarkissian v. Chicago Board of Education, 201 Ill. 2d 95, 103 (2002) (citing 735 ILC

2023See People v. Flowers, 208 Ill. 2d 291, 302-03 (2003) (requirements of Rule 604(d) are inapplicable to independent, statutory proceedings, like postconviction proceedings). ¶ 66 Amici point out that the majority’s holding will sharply reduce the number of defendants allowed to seek relief under subsection (b-5), because “[p]leas account for nearly 95% of all criminal convictions.” Padilla v. Kentucky, 559 U.S. 356, 372 (2010); see Stephanie Stern, Note, Regulating the New Gold Standard of Criminal Justice: Confronting the Lack of Record-Keeping in the American Criminal Justice System, 52 Harv.

2023See People v. Flowers, 208 Ill. 2d 291, 302-03 (2003) (requirements of Rule 604(d) are inapplicable to independent, statutory proceedings, like postconviction proceedings). ¶ 66 Amici point out that the majority’s holding will sharply reduce the number of defendants allowed to seek relief under subsection (b-5), because “[p]leas account for nearly 95% of all criminal convictions.” Padilla v. Kentucky, 559 U.S. 356, 372 (2010); see Stephanie Stern, Note, Regulating the New Gold Standard of Criminal Justice: Confronting the Lack of Record-Keeping in the American Criminal Justice System, 52 Harv.

2022In addition, we have abided by the principle that an error will be deemed structural when it results in “ ‘consequences that are necessarily unquantifiable and indeterminate.’ ” Stoecker, 2020 IL 124807, ¶ 23 (quoting - 11 - United States v. Gonzalez-Lopez, 548 U.S. 140, 150 (2006)); see also Averett, 237 Ill. 2d at 14 . ¶ 45 In Stoecker, we held that a lack of notice and the denial of a reasonable opportunity to respond to a dispositive motion in a collateral civil proceeding under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2016)) did not fall within the “narrow cl

2022In addition, we have abided by the principle that an error will be deemed structural when it results in “ ‘consequences that are necessarily unquantifiable and indeterminate.’ ” Stoecker, 2020 IL 124807, ¶ 23 (quoting - 11 - United States v. Gonzalez-Lopez, 548 U.S. 140, 150 (2006)); see also Averett, 237 Ill. 2d at 14 . ¶ 45 In Stoecker, we held that a lack of notice and the denial of a reasonable opportunity to respond to a dispositive motion in a collateral civil proceeding under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2016)) did not fall within the “narrow cl

2021In the context of a criminal proceeding, section 2-1401 provides a mechanism “to correct all errors of fact occurring in the prosecution of a cause, unknown to petitioner and the court at the time judgment was entered, - 60 - which, if then known, would have prevented its rendition.” People v. Haynes, 192 Ill. 2d 437, 461 (2000).

2019See id. at 647 (habeas corpus). “[A]n action brought under section 2-1401 is a civil proceeding *** even when it is used to challenge a criminal conviction or sentence.” People v. Vincent, 226 Ill. 2d 1, 6 (2007).