Topic: relief under section 2-1401 is predicated upon proof, by a … · Go Syfert
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Topic #12054

2 canonical passages across 2 cases, quoted by 32 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Vincent.

#Case FlagCanonical passage Citers
1 People v. Vincent Anchor
ill · 2007
green “relief under section 2-1401 is predicated upon proof, by a preponderance of evidence, of a defense or claim that would have precluded entry of the judgment in the original action and diligence in both discovering the defense or claim and presenting the petition.” 28
2 People v. Price
ill · 2016
green “(2) where the judgment was based on a statute that is facially unconstitutional and void ab initio.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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