existence of a meritorious defense in Illinois

2026“A meritorious defense under section 2-1401 involves errors of fact, not law.” Id. ¶ 18 Here, the defendant did not set forth allegations supporting the existence of a meritorious defense.

2026However, such a petition “is not designed to provide a general review of all trial errors nor to substitute for direct appeal.” (Internal quotation marks omitted.) Id. 5 ¶ 17 “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.’ ” People v. Pinkonsly, 207 Ill. 2d 555, 565

2026However, such a petition “is not designed to provide a general review of all trial errors nor to substitute for direct appeal.” (Internal quotation marks omitted.) Id. 5 ¶ 17 “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.’ ” People v. Pinkonsly, 207 Ill. 2d 555, 565

2026“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.’ ” Id. at 565 (quoting Smith v. Airoom, Inc., 114 Ill. 2d 209, 220-221 (1986)).

2026Where a section 2-1401 petition survives dismissal, and the opposing party does not file an answer, the circuit court “may decide the case on the pleadings, affidavits, exhibits and supporting material before it, including the record of the prior proceedings.” People v. Vincent, 226 Ill. 2d 1, 9 (2007); Ostendorf v. International Harvester Co., 89 Ill. 2d 273, 285-86 (1982). ¶ 19 To obtain relief under section 2-1401, respondent “must affirmatively set forth specific factual allegations supporting each of the following elements: (1) the existence of a meritorious defense or claim; (2) due dili

2026Vincent, 226 Ill. 2d at 7-8; see also Smith, 114 Ill. 2d at 220- 21 (noting that a section 2-1401 movant must affirmatively set forth specific factual allegations supporting each of the following elements: (1) the existence of a meritorious claim or defense; (2) due diligence in presenting this claim or defense to the circuit court in the original action; and (3) due diligence in filing the section 2-1401 petition); In re Detention of Morris, 362 Ill. App. 3d 321, 323 (2005) (“A meritorious defense is not enough; petitioner must explain why he did not raise that defense during trial”).

2026“Whether substantial justice is being achieved by vacating a judgment or order is not subject to precise definition, but relevant considerations include diligence or lack thereof, the existence of a meritorious defense, the severity of the penalty resulting from the order or judgment, and the relative hardships on the parties from granting or denying vacatur.” Jackson, 384 Ill. App. 3d at 549 .

2026“Whether substantial justice is being achieved by vacating a judgment or order is not subject to precise definition, but relevant considerations include diligence or the lack thereof, the existence of a meritorious defense, the severity of the penalty resulting from the order or judgment, and the relative hardships on the parties from granting or denying vacatur.” Jackson v. Bailey, 384 Ill. App. 3d 546, 549 (2008).

2019App. 3d at 493 , 742 N.E.2d at 382 . ¶ 29 On appeal, petitioners argue they presented facts showing the existence of a meritorious claim for relief based on decedent’s medical records, text messages, and social media posts, as well as text messages between Baker and decedent’s father.

2015Id. ¶ 46 To be entitled to relief under section 2-1401, the petitioner must affirmatively set forth specific factual allegations supporting each of the following elements: (1) the existence of a meritorious claim or defense; (2) due diligence in presenting that claim or defense in the original action; and (3) due diligence in presenting the section 2-1401 petition.

2026Mann, 324 Ill. App. 3d at 377 ; see In re Haley D., 2011 IL 110886, ¶ 57 (noting section 2-1301 of the Code does not require a showing of a meritorious defense and a reasonable excuse for not having timely asserted it).

2022In making this determination, the court considers “diligence or lack thereof, the existence of a meritorious defense, the severity of the penalty resulting from the order or judgment, and the relative hardships on the parties from granting or denying vacatur.” Jackson v. Bailey, 384 Ill. App. 3d 546, 549 (2008) (citing Mann v. Upjohn, 324 Ill. App. 3d 367, 377 (2001)).

2026Warren County Soil and Water Conservation Dist. v. Walters, 2015 IL 117783 , ¶ 31. ¶ 15 To be entitled to relief from a final judgment under section 2-1401, a petitioner must show by a preponderance of the evidence: (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.

2025See 735 ILCS 5/2-1401 (West 2024). “[T]o be entitled to relief from a final judgment or order under section 2-1401, the petition must set forth specific factual allegations supporting each of the following -5- elements: (1) the existence of a meritorious defense; (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.” Warren County Soil & Water Conservation District v. Walters, 2015 IL 117783 , ¶ 37.

2026To state this type of “new facts” claim, “the petition must set forth allegations supporting the existence of a meritorious claim or defense; due diligence in presenting the claim or defense to the circuit court in the original action; and due diligence in filing the section 2-1401 petition.” Id. ¶ 17 Here, Lynon’s petition does not state a legally sufficient “new facts” claim because it fails to establish due diligence in presenting any of those “new facts” at trial.

2025Instead, Gerald Adelman & Associates reiterated that a section 2-1401 petition “must set forth allegations supporting the existence of a meritorious claim or defense.” Id. at 94 . ¶ 27 Indeed, courts have long understood that the petitioner must allege a meritorious claim in the original action.

2023In re Petition of the Village of Kildeer To Annex Certain Territory, 124 Ill. 2d 533, 544 (1988). ¶ 46 When, as here, the movant seeks to set aside a judgment based on newly discovered evidence, the petitioner must show that “the new evidence was not known to her at the time of the proceeding and could not have been discovered by the petitioner with the exercise of reasonable diligence.” Goldsmith, 2011 IL App (1st) 093448, ¶ 15 ; see Cavitt v. Repel, 2015 IL App (1st) 133382, ¶ 46 (“to set aside a judgment based on newly discovered evidence, the evidence must be such as could not reasonably h

1991Stat. 1989, ch. 110, par. 2—1401(c)), and where the party filing the petition can show: (1) the existence of a meritorious defense or claim; (2) due diligence in presenting the defense or claim to the circuit court in the original action; and (3) due diligence in filing the section 2 — 1401 petition (In re Petition of Village of Kildeer to Annex Certain Territory (1988), 124 Ill. 2d 533, 544 ; Northern Illinois Gas Co., 199 Ill.

2026Instead, the petitioner must show “ ‘that through no fault or negligence of his own, the error of fact or the existence of a valid defense was not made to appear to the trial court.’ ” Id. (quoting Brockmeyer v. Duncan, 18 Ill. 2d 502, 505 (1960)).

1976(Glenn v. People, 9 Ill. 2d 335, 340 (1956); Brockmeyer v. Duncan, 18 Ill. 2d 502, 505 (1960).) In order to vacate a default judgment under this section, the petitioner must show (1) the existence of a meritorious defense and (2) freedom from negligence on his own part. ( Glenn at 340 .) It has been repeatedly held by our courts that such a petition is not intended to relieve a party from the consequences of his own mistakes or negligence.

2003To 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.” Smith v. Airoom, Inc., 114 Ill. 2d 209, 220-21 (1986); accord Kaput v. Hoey, 124 Ill. 2d 370, 378 (1988).

2003To 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.” Smith v. Airoom, Inc. , 114 Ill. 2d 209, 220-21 (1986); accord Kaput v. Hoey , 124 Ill. 2d 370, 378 (1988).

2025Alvarez v. $59,914 United States Currency, 2022 IL 126927, ¶ 16 (unless a section 2-1401 petition alleges that a judgment is void, “the petitioner must allege a meritorious defense to the original action” (emphasis added)); In re Haley D., 2011 IL 110886, ¶ 58 (a petitioner seeking relief under section - 10 - 2-1401(a) must show “not only the existence of a meritorious claim or defense in the original action, but also due diligence in pursuing the claim or defense in the circuit court as well as due diligence in presenting the petition for relief under section 2-1401(a)”); Keener v. City of He

2025Further: “ ‘Whether substantial justice is being achieved by vacating a judgment or order is not subject to precise definition, but relevant considerations include diligence or the lack thereof, the existence of a meritorious defense, the severity of the penalty resulting from the order or judgment, and the relative hardships on the parties from granting or denying vacatur.’ ” Id. (quoting Jackson v. Bailey, 384 Ill. App. 3d 546, 549 (2008).

2026“A petitioner is entitled to relief under section 2-1401 of the Code when he sets forth specific factual allegations supporting each of the following elements: (1) the existence of a meritorious defense or claim; (2) due diligence in presenting the defense or claim to the trial court in the original action; and (3) due diligence in filing the section 2-1401 petition for relief.” Cavalry Portfolio Services v. Rocha, 2012 IL App (1st) 111690, ¶ 9 . ¶ 58 Notably, “the grounds for collaterally challenging the issuance of a tax deed are specifically limited by the legislature to the grounds listed

2021Cavalry Portfolio Services v. Rocha, 2012 IL App (1st) 111690, ¶ 8 .

2026Id. at 103 .

2024Sarkissian, 201 Ill. 2d at 101 ; see also S.C. Vaughan Oil Co. v. Caidwell, Troutt & Alexander, 181 Ill. 2d 489, 496-97 (1998). ¶ 24 Generally, section 2-1401 petitions must be filed within two years of the judgment, and the petitioner must allege the existence of a meritorious defense and due diligence in bringing the petition.

2023Physicians Insurance Exchange v. Jennings, 316 Ill. App. 3d 443, 457 (2000).

2013Physicians Insurance Exchange v. Jennings, 316 Ill.

2013A petitioner is entitled to relief under section 2-1401 if the petition sets forth specific factual allegations supporting each of the following elements: “(1) the existence of a meritorious defense or claim; (2) due diligence in presenting the defense or claim to the circuit court in the original action; and (3) due diligence in filing the section 2-1401 petition for relief.” Fiala v. Schulenberg, 256 Ill.

1999As stated in Fiala : "In order to be entitled to relief under section 2--1401 of the Code of Civil Procedure [citation], the petitioner must 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. *** Due diligence requires that the section 2--1401 petitioner have a reasonable excuse for failing to act within the appropriate time: *** he is not e

1996However, as previously noted, whether a meritorious defense has been established does not depend upon whether a defense would ultimately prevail at trial (see Yorke, 110 Ill.App.3d 1009 , 66 Ill.Dec. 718 , 443 N.E.2d 644 ; Bonanza, 128 Ill.App.3d 714 , 83 Ill.Dec. 922 , 471 N.E.2d 221 ), but, rather, is determined by an examination of the section 2-1401 petition to ascertain whether, if believed by the trier of fact, the defense would defeat the plaintiff's claim.

1996However, as previously noted, whether a meritorious defense has been established does not depend upon whether a defense would ultimately prevail at trial (see Yorke, 110 Ill.App.3d 1009 , 66 Ill.Dec. 718 , 443 N.E.2d 644 ; Bonanza, 128 Ill.App.3d 714 , 83 Ill.Dec. 922 , 471 N.E.2d 221 ), but, rather, is determined by an examination of the section 2-1401 petition to ascertain whether, if believed by the trier of fact, the defense would defeat the plaintiff's claim.

2026Where a section 2-1401 petition survives dismissal, and the opposing party does not file an answer, the circuit court “may decide the case on the pleadings, affidavits, exhibits and supporting material before it, including the record of the prior proceedings.” People v. Vincent, 226 Ill. 2d 1, 9 (2007); Ostendorf v. International Harvester Co., 89 Ill. 2d 273, 285-86 (1982). ¶ 19 To obtain relief under section 2-1401, respondent “must affirmatively set forth specific factual allegations supporting each of the following elements: (1) the existence of a meritorious defense or claim; (2) due dili

1989(Ostendorf v. International Harvester Co. (1982), 89 Ill. 2d 273 , 433 N.E.2d 253 .) Generally, a party will prevail on a section 2 — 1401 petition to vacate a judgment where he shows by a preponderance of the evidence: (1) the existence of a meritorious defense or claim; (2) due diligence in presenting that defense or claim in the original action; (3) but through no fault or lack of diligence on petitioner’s part, an error of fact or a valid defense or claim was not made to appear to the trial court at the time the challenged judgment was entered; and (4) due diligence in filing the petition

2021Dodds, -5- 2014 IL App (1st) 122268, ¶ 18 .

2020“The petition must be supported by affidavit or other appropriate showing as to matters not of record.” People v. Dodds, 2014 IL App (1st) 122268, ¶ 18 , 7 N.E.3d 83 .

2026In a criminal case, a section 2-1401 petition for relief from judgment is “the forum *** in which to correct all errors of fact occurring in the prosecution of a cause, unknown 8 to the petitioner and court at the time judgment was entered, which, if then known, would have prevented its rendition.” Id. at 461 . ¶ 33 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

2026However, such a petition “is not designed to provide a general review of all trial errors nor to substitute for direct appeal.” (Internal quotation marks omitted.) Id. 5 ¶ 17 “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.’ ” People v. Pinkonsly, 207 Ill. 2d 555, 565