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Illinois Compiled Statutes

725 ILCS 5/122-5 (2026)

Proceedings on petition

✓ current as of May 2026
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(725 ILCS 5/122-5) (from Ch. 38, par. 122-5)
    Sec. 122-5. Proceedings on petition.) Within 30 days after the making of an order pursuant to subsection (b) of Section 122-2.1, or within such further time as the court may set, the State shall answer or move to dismiss. In the event that a motion to dismiss is filed and denied, the State must file an answer within 20 days after such denial. No other or further pleadings shall be filed except as the court may order on its own motion or on that of either party. The court may in its discretion grant leave, at any stage of the proceeding prior to entry of judgment, to withdraw the petition. The court may in its discretion make such order as to amendment of the petition or any other pleading, or as to pleading over, or filing further pleadings, or extending the time of filing any pleading other than the original petition, as shall be appropriate, just and reasonable and as is generally provided in civil cases.
(Source: P.A. 83-942.)

    
Notes of Decisions
Cited in 356 cases (123 in the last 5 years), 1996–2026 · leading case: People v. Hodges, 912 N.E.2d 1204 (Ill. 2009).
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People v. Hodges, 912 N.E.2d 1204 (Ill. 2009). · cites it 3× “If the court does not dismiss the petition as frivolous or patently without merit, then the petition advances to the second stage, where counsel may be appointed to an indigent defendant (725 ILCS 5/122-4 (West 2006)) and where the State is allowed to file a motion to dismiss or…”
People v. Etherly, 801 N.E.2d 99 (Ill. App. Ct. 2003). · cites it 10× “725 ILCS 5/122-5, 122-6 (West 2000); Coleman, 183 Ill.”
People v. Johnson, 2021 IL 125738 (Ill. 2021). · cites it 3× “725 ILCS 5/122-5 (West 2016); Pendleton, 223 Ill.”
People v. Perkins, 890 N.E.2d 398 (Ill. 2008). · cites it 3× “From the foregoing discussion, it is apparent that when a petition is not timely filed under the Act, to have any chance to present a petitioner's constitutional claims at the second stage of proceedings it is necessary either to: (1) obtain the State's waiver or forfeiture of…”
People v. De La Paz, 791 N.E.2d 489 (Ill. 2003). · cites it 3× “725 ILCS 5/122-5 (West 2000). Also, the State has 30 days to either answer the petition or move to dismiss.”
People v. Gaultney, 675 N.E.2d 102 (Ill. 1996). · cites it 3× “) 725 ILCS 5/122-5 (West 1992). Section 122-6 allows the circuit court to hold an evidentiary hearing.”
People v. Tate, 2012 IL 112214 (Ill. 2012). · cites it 2× “1(a)(2) (West 2008)), the petition advances to the second stage, where counsel may be appointed to an indigent defendant (725 ILCS 5/122-4 (West 2008)), and where the State, as respondent, enters the litigation (725 ILCS 5/122-5 (West 2008)). It is at this point, not the first…”
People v. Blair, 831 N.E.2d 604 (Ill. 2005). · cites it 2× “If the petition survives this initial stage, the proceeding advances to the second stage, where the circuit court may then appoint counsel to represent an indigent petitioner (725 ILCS 5/122-4 (West 2000)), with counsel being given the opportunity to amend the petition (725 ILCS…”
People v. Allen, 2015 IL 113135 (Ill. 2015). · cites it 4× “725 ILCS 5/122-5 (West 2008). At this stage, the court has discretion to allow amendment of the petition, “as shall be appropriate, just and reasonable and as is generally provided in civil cases.”
People v. Boclair, 789 N.E.2d 734 (Ill. 2002). · cites it 2× “725 ILCS 5/122-5 (West 2000); Gaultney, 174 Ill.”
People v. Johnson, 794 N.E.2d 294 (Ill. 2002). · cites it 3× “The State filed a motion to dismiss pursuant to section 122-5 of the Act (725 ILCS 5/122-5 (West 1994)), arguing that all of the issues raised by petitioner either were or could have been raised on direct appeal and were, therefore, barred by waiver or res judicata.”
People v. Whitfield, 840 N.E.2d 658 (Ill. 2005). · cites it 2× “725 ILCS 5/122-5 (West 2002). If a motion to dismiss is filed and then denied, the State must then file an answer within 20 days after such denial.”
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