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Illinois Compiled Statutes

725 ILCS 5/122-2 (2026)

Contents of petition

✓ current as of May 2026
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(725 ILCS 5/122-2) (from Ch. 38, par. 122-2)
    Sec. 122-2. Contents of petition.
    The petition shall identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the respects in which petitioner's constitutional rights were violated. The petition shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The petition shall identify any previous proceedings that the petitioner may have taken to secure relief from his conviction. Argument and citations and discussion of authorities shall be omitted from the petition.
(Source: Laws 1963, p. 2836.)

    
Notes of Decisions
Cited in 483 cases (254 in the last 5 years), 1993–2026 · leading case: People v. Collins, 782 N.E.2d 195 (Ill. 2002).
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People v. Collins, 782 N.E.2d 195 (Ill. 2002). · cites it 8× “725 ILCS 5/122-2 (West 2000). In addition, the petition must be both verified by affidavit (725 ILCS 5/122-1(b) (West 2000)) and supported by "affidavits, records, or other evidence" (725 ILCS 5/122-2 (West 2000)).”
People v. Boclair, 789 N.E.2d 734 (Ill. 2002). · cites it 5× “2d 195 (2002), this court affirmed the circuit court's summary dismissal of a pro se defendant's post-conviction petition because the defendant failed to comply with the affidavit requirement set forth in section 122-2 of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-2…”
People v. Allen, 2015 IL 113135 (Ill. 2015). · cites it 7× “See 725 ILCS 5/122-2 (West 2008). Further, the State argues, the Langford statement is inadmissible hearsay, such that it cannot qualify as other evidence.”
People v. Allen, 2015 IL 113135 (Ill. 2015). · cites it 10× “725 ILCS 5/122-1(b) (West 2008) (noting that a proceeding is commenced by the filing of “a petition *** verified by affidavit”); 725 ILCS 5/122-2 (West 2008) (stating that the “petition shall have attached thereto affidavits, records, or other evidence supporting its…”
People v. Hall, 841 N.E.2d 913 (Ill. 2005). · cites it 3× “The State argues the dismissal of defendant's petition should be affirmed because he failed to support his claims with affidavits, records, or other evidence as required by section 122-2 of the Act (725 ILCS 5/122-2 (West 2000)). Defendant replies the documents attached to his…”
People v. Hodges, 912 N.E.2d 1204 (Ill. 2009). · cites it 2× “" 725 ILCS 5/122-2 (West 2006). With regard to this requirement, a defendant at the first stage need only present a limited amount of detail in the petition.”
People v. Edwards, 757 N.E.2d 442 (Ill. 2001). · cites it 2× “' 725 ILCS 5/122-2 (West 1992). If the circuit court does not dismiss the petition pursuant to section 122-2.”
People v. Urzua, 2023 IL 127789 (Ill. 2023). · cites it 3× “725 ILCS 5/122-2 (West 2010). Because retained counsel did not withdraw from the proceedings and adopted petitioner’s verified pro se petition, he was required to comply with section 122-2 of the Act.”
People v. De La Paz, 791 N.E.2d 489 (Ill. 2003). · cites it 3× “Just as the legislature has set forth what must be contained in a petition, it has specified the consequences of omitting a claim: "[a]ny claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived.”
People v. Dupree, 2018 IL 122307 (Ill. 2018). · cites it 3× “The appellate court held that, without Morrison's affidavit, the petition did not comply with section 122-2 of the Post-Conviction Hearing Act (Act) ( 725 ILCS 5/122-2 (West 2014) ) and was properly dismissed for that reason alone.”
People v. Whitfield, 840 N.E.2d 658 (Ill. 2005). · cites it 2× “725 ILCS 5/122-2 (West 2002). Thereafter, if the defendant is under a sentence of imprisonment, the circuit court is to examine the petition to determine if it is frivolous or patently without merit; if it is determined to be frivolous or patently without merit, the court is…”
People v. Hatter, 2021 IL 125981 (Ill. 2021). · cites it 2× “The State also contends that the petition should be dismissed because it was not properly supported with corroborating evidence, as required by section 122-2 of the Post-Conviction Hearing Act (725 ILCS 5/122-2 (West 2016)). ¶ 22 The Post-Conviction Hearing Act provides a…”
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— 725 ILCS 5/122-2(a)(2) — 1 case
People v. Bates, 2023 IL App (1st) 192554-U (Ill. App. Ct. 2023).
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