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24 Illinois opinions name it 2 courts 1904–2026 9 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. Davisgreen2 sentences2026People v. Davis, 145 Ill. 2d 240, 244 (1991). 2024People v. Davis, 145 Ill. 2d 240, 244 (1991). | 8 | 10 |
Physicians Insurance Exchange v. Jenningsgreen2 sentences2015See Physicians Insurance Exchange v. Jennings, 316 Ill. 2015See Physicians Insurance Exchange v. Jennings, 316 Ill. | 3 | 3 |
Fiala v. Schulenberggreen2 sentences2014Accordingly, in my view, Cohen, Yates, Zee Jay, and other pre-Vincent cases affirming a trial court's exercise of discretion in 2-1401 cases remain good law. 16 The defendants, who had diligently pursued settlement negotiations prior to the litigation, reasonably believed that they were being defended by Tichenor while any issues between Warren County and Biederbeck were being resolved, and that they did not learn of Tichenor's neglect until the circuit court removed him from the case. ¶ 50 Moreover, "a trial court ruling denying section 2–1401 relief can be vacated even in the absence of dili 2014The defendants, who had diligently pursued settlement negotiations prior to the litigation, reasonably believed that they were being defended by Tichenor while any issues between Warren County and Biederbeck were being resolved, and that they did not learn of Tichenor’s neglect until the circuit court removed him from the case. ¶ 50 Moreover, “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.” Rocha, 2012 IL App (1st) 111690, ¶ 18 ; see also Fiala v. Schulen | 2 | 3 |
People v. Harveygreen1 sentence2025Sarkissian, 201 Ill. 2d at 104 (citing People v. Harvey, 196 Ill. 2d 444, 452 (2001)). | 1 | 1 |
People v. Delvillargreen1 sentence2024People v. Delvillar, 235 Ill. 2d 507, 520 (2009), overruled on other grounds by People v. Walls, 2022 IL 127965 . ¶ 23 A trial court should allow a plea to be withdrawn if (1) the plea was entered on a misapprehension of fact or law, (2) there is doubt as to the defendant’s guilt, (3) the defendant has a meritorious defense, or (4) the ends of justice would be better served by submitting the case to a jury. | 1 | 1 |
People v. Morrealegreen1 sentence2023People v. Davis, 145 Ill. 2d 240, 244 (1991) (citing People v. Morreale, 412 Ill. 528, 531-32 (1952)). ¶ 35 A trial court’s decision to grant or deny a motion to withdraw a guilty plea is within the trial court’s sound discretion. | 1 | 1 |
Bartolini v. Popovitzgreen2 sentences1975See Bartolini v. Popovitz, 108 Ill. 1975See Bartolini v. Popovitz, 108 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 |
|---|---|---|
Cavalry Portfolio Services v. Rocha
green
2 sentences2015Fanady 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 . 2015Fanady 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 . | 4 | 2014–2015 |
People v. Walls
green
2 sentences2024People v. Delvillar, 235 Ill. 2d 507, 520 (2009), overruled on other grounds by People v. Walls, 2022 IL 127965 . ¶ 23 A trial court should allow a plea to be withdrawn if (1) the plea was entered on a misapprehension of fact or law, (2) there is doubt as to the defendant’s guilt, (3) the defendant has a meritorious defense, or (4) the ends of justice would be better served by submitting the case to a jury. 2023App. 3d 134, 140 (2009)), overruled on other grounds by People v. Walls, 2022 IL 127965 . ¶ 34 The trial court should allow a plea to be withdrawn if (1) the plea was entered on a misapprehension of fact or law, (2) there is doubt as to the defendant’s guilt, (3) the defendant has a meritorious defense, or (4) the ends of justice would be better served by submitting the case to a jury. | 2 | 2023–2024 |
People v. Ferral-Mujica
green
2 sentences2021People v. Davis, 145 Ill. 2d 240, 244 (1991); Ferral-Mujica, 2017 IL App (2d) 160240, ¶ 22 . 2021People v. Davis, 145 Ill. 2d 240, 244 (1991); Ferral-Mujica, 2017 IL App (2d) 160240, ¶ 22 . | 2 | 2021–2021 |
Smith v. Airoom, Inc.
green
2 sentences2015The court explained: “ ‘One of the guiding principles *** of section 2-1401 relief is that the petition invokes the equitable powers of the circuit court, which should prevent enforcement of a default judgment when it would be unfair, unjust, or unconscionable. [Citations.] *** Because a section 2-1401 petition is addressed to equitable powers, courts have not considered themselves strictly bound by precedent, and where justice and good conscience may require it a default judgment may be vacated even though the requirement of due diligence has not been satisfied.’ Smith v. Airoom, Inc., 114 Il 2014The court explained: " 'One of the guiding principles *** of section 2-1401 relief is that the petition invokes the equitable powers of the circuit court, which should prevent enforcement of a default judgment when it would be unfair, unjust, or unconscionable. [Citations.] *** Because a section 2-1401 petition is addressed to equitable powers, courts have not considered themselves strictly bound by precedent, and where justice and good conscience may require it a default judgment may be vacated even though the requirement of due diligence has not been satisfied.' Smith v. Airoom, Inc., 114 Il | 2 | 2014–2015 |
American Consulting Ass'n v. Spencer
green
2 sentences2015The court explained: “ ‘One of the guiding principles *** of section 2-1401 relief is that the petition invokes the equitable powers of the circuit court, which should prevent enforcement of a default judgment when it would be unfair, unjust, or unconscionable. [Citations.] *** Because a section 2-1401 petition is addressed to equitable powers, courts have not considered themselves strictly bound by precedent, and where justice and good conscience may require it a default judgment may be vacated even though the requirement of due diligence has not been satisfied.’ Smith v. Airoom, Inc., 114 Il 2014The court explained: " 'One of the guiding principles *** of section 2-1401 relief is that the petition invokes the equitable powers of the circuit court, which should prevent enforcement of a default judgment when it would be unfair, unjust, or unconscionable. [Citations.] *** Because a section 2-1401 petition is addressed to equitable powers, courts have not considered themselves strictly bound by precedent, and where justice and good conscience may require it a default judgment may be vacated even though the requirement of due diligence has not been satisfied.' Smith v. Airoom, Inc., 114 Il | 2 | 2014–2015 |
Sarkissian v. Chicago Board of Education
green
1 sentence2025Sarkissian, 201 Ill. 2d at 104 (citing People v. Harvey, 196 Ill. 2d 444, 452 (2001)). | 1 | 2025–2025 |
Wilkin Insulation Co. v. Holtz
green
1 sentence2022Id. | 1 | 2022–2022 |
People v. Williams
green
1 sentence2020Id. (citing People v. Davis, 145 Ill. 2d 240, 244 (1991)). | 1 | 2020–2020 |
Williams v. the People
green
2 sentences1975(Williams v. People, 31 Ill.2d 516 ; People v. Bishop, 1 Ill.2d 60 .) A motion under section 72 to vacate a judgment in a civil case must show that the defendant has a meritorious defense. 1975Stat. 1973, ch. 110, par. 72) is an appropriate remedy in criminal cases, but relief will be granted only when the motion contains allegations which, if established, would have prevented the entry of the judgment against the defendant. ( Williams v. People, 31 Ill.2d 516 ; People v. Bishop, 1 Ill.2d 60 .) A motion under section 72 to vacate a judgment in a civil case must show that the defendant has a meritorious defense. | 1 | 1975–1975 |
People v. Bishop
green
2 sentences1975(Williams v. People, 31 Ill.2d 516 ; People v. Bishop, 1 Ill.2d 60 .) A motion under section 72 to vacate a judgment in a civil case must show that the defendant has a meritorious defense. 1975Stat. 1973, ch. 110, par. 72) is an appropriate remedy in criminal cases, but relief will be granted only when the motion contains allegations which, if established, would have prevented the entry of the judgment against the defendant. ( Williams v. People, 31 Ill.2d 516 ; People v. Bishop, 1 Ill.2d 60 .) A motion under section 72 to vacate a judgment in a civil case must show that the defendant has a meritorious defense. | 1 | 1975–1975 |
Widicus v. Southwestern Electric Cooperative, Inc.
green
2 sentences1974As stated by the court in Widicus v. Southwestern Electric Cooperative, Inc., 26 Ill.App.2d 102, 109 , 167 N.E.2d 799 : “In resolving this problem, a court may well consider whether or not a defendant has a meritorious defense, and whether or not defendant’s delay in responding to the court’s command actually jeopardizes plaintiffs basic position. 1974As stated by the court in Widicus v. Southwestern Electric Cooperative, Inc., 26 Ill.App.2d 102, 109 , 167 N.E.2d 799 : “In resolving this problem, a court may well consider whether or not a defendant has a meritorious defense, and whether or not defendant’s delay in responding to the court’s command actually jeopardizes plaintiffs basic position. | 1 | 1974–1974 |
Whalen v. Twin City Barge & Gravel Co.
neutral
1 sentence1960The grounds and facts upon which the merits of the defense arise must be stated so that the court will be enabled to judge the merits of such defense.” Whalen v. Twin City Barge & Gravel Co., 280 Ill. | 1 | 1960–1960 |
Mason v. McNamara
neutral
1 sentence1904(Mason v. McNamara, 57 Ill. 274 .) At the term at which the judgment here under consideration was entered appellant moved to set aside the default and judgment, and in support of that motion sought to show that he had been guilty of no negligence and that he had a meritorious defense to the action. | 1 | 1904–1904 |
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.