verification requirement in Illinois

2024Id. ¶ 23 (citing People v. Johnson, 2021 IL 125738 ). 2 In Johnson, the court distinguished standing from the timeliness of the petition or the requirement that it be verified by affidavit (which are not bases to dismiss a petition as “frivolous” or “patently without merit” (Johnson, 2021 IL 125738, ¶¶ 40, 41 )) because (1) neither timeliness or the verification requirement is mentioned in the summary dismissal provision of the Act (Johnson, 2021 IL 125738, ¶ 44 ), (2) neither is “inherently an element of the right to file a petition” (Johnson, 2021 IL 125738, ¶ 45 ), and (3) the Act contains

2024But even when a petition is not verified, the prosecutor, like all lawyers, still has an ethical obligation not to submit a pleading without a basis in fact or -4- People v. Haisley No. 1-23-2163B 2024 IL App (1st) 232163 that includes allegations known to be false.

2013Collins further acknowledged distinctive purposes for the verification requirement in section 122-1(b) and the requirement of section 122-2 to have “ ‘affidavits, records, or other evidence supporting its allegations.’ ” (Emphasis in original.) Id. at 67 (quoting 725 ILCS 5/122-2 (West 2000)).

2012In Hoover v. Crippen, 151 Ill.

1985(See McCammon v. McCammon (Mo. App. 1984), 680 S.W.2d 196 , 200.) Accordingly we decline to hold here that the verification requirement of the IMDMA constitutes a bar to a guardian’s institution of a dissolution claim on behalf of the disabled spouse.

1985(See McCammon v. McCammon (Mo. App. 1984), 680 S.W.2d 196, 200 .) Accordingly we decline to hold here that the verification requirement of the IMDMA constitutes a bar to a guardian's institution of a dissolution claim on behalf of the disabled spouse.

1962The court said (223): “Here, the affidavit made under section 81 is jurisdictional in its character, and if the affidavit does not show a case which gives the court jurisdiction, the subsequent proceedings including the judgment, are void and may be attacked collaterally.” Plaintiff, in arguing that the verification of the claim and petition comply with the statute, cite Wall v. Greene, 321 Ill App 161, 52 NE2d 303 , and Lieder v. Chicago Transit Authority, 26 Ill App2d 306, 167 NE2d 710 .

1962The court said (223): “Here, the affidavit made under section 81 is jurisdictional in its character, and if the affidavit does not show a case which gives the court jurisdiction, the subsequent proceedings including the judgment, are void and may be attacked collaterally.” Plaintiff, in arguing that the verification of the claim and petition comply with the statute, cite Wall v. Greene, 321 Ill App 161, 52 NE2d 303 , and Lieder v. Chicago Transit Authority, 26 Ill App2d 306, 167 NE2d 710 .