ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-1401 (2026)

Relief from judgments

✓ current as of May 2026
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(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
    Sec. 2-1401. Relief from judgments.
    (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review, and bills in the nature of bills of review are abolished. All relief heretofore obtainable and the grounds for such relief heretofore available, whether by any of the foregoing remedies or otherwise, shall be available in every case, by proceedings hereunder, regardless of the nature of the order or judgment from which relief is sought or of the proceedings in which it was entered. Except as provided in the Illinois Parentage Act of 2015, there shall be no distinction between actions and other proceedings, statutory or otherwise, as to availability of relief, grounds for relief, or the relief obtainable.
    (b) The petition must be filed in the same proceeding in which the order or judgment was entered but is not a continuation thereof. The petition must be supported by an affidavit or other appropriate showing as to matters not of record. A petition to reopen a foreclosure proceeding must include as parties to the petition, but is not limited to, all parties in the original action in addition to the current record title holders of the property, current occupants, and any individual or entity that had a recorded interest in the property before the filing of the petition. All parties to the petition shall be notified as provided by rule.
    (b-5) A movant may present a meritorious claim under this Section if the allegations in the petition establish each of the following by a preponderance of the evidence:
        (1) the movant was convicted of a forcible felony;
        (2) the movant's participation in the offense was
    
related to him or her previously having been a victim of domestic violence or gender-based violence;
        (3) there is substantial evidence of domestic
    
violence or gender-based violence against the movant that was not presented at the movant's sentencing hearing;
        (4) (blank); and
        (5) the evidence of domestic violence or gender-based
    
violence against the movant is material and noncumulative to other evidence offered at the sentencing hearing, or previous hearing under this Section filed on or after the effective date of this amendatory Act of the 103rd General Assembly, and is of such a conclusive character that it would likely change the sentence imposed by the original trial court.
    Nothing in this subsection (b-5) shall prevent a movant from applying for any other relief under this Section or any other law otherwise available to him or her. This subsection (b-5) applies to all eligible convictions, including, but not limited to, if the judge renders the sentence based on a negotiated plea agreement. Relief under this Section allows for the modification of the length of sentence without affecting the conviction.
    As used in this subsection (b-5):
    "Domestic violence" means abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986.
    "Forcible felony" has the meaning ascribed to the term in Section 2-8 of the Criminal Code of 2012.
    "Gender-based violence" includes evidence of victimization as a trafficking victim, as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012, evidence of victimization under the Illinois Domestic Violence Act of 1986, evidence of victimization under the Stalking No Contact Order Act, or evidence of victimization of any offense under Article 11 of the Criminal Code of 2012, irrespective of criminal prosecution or conviction.
    "Intimate partner" means a spouse or former spouse, persons who have or allegedly have had a child in common, or persons who have or have had a dating or engagement relationship.
    "Substantial evidence" means evidence that a reasonable mind might accept as adequate to support a conclusion.
    (b-10) A movant may present a meritorious claim under this Section if the allegations in the petition establish each of the following by a preponderance of the evidence:
        (A) she was convicted of a forcible felony;
        (B) her participation in the offense was a direct
    
result of her suffering from postpartum depression or postpartum psychosis;
        (C) no evidence of postpartum depression or
    
postpartum psychosis was presented by a qualified medical person at trial or sentencing, or both;
        (D) she was unaware of the mitigating nature of the
    
evidence or, if aware, was at the time unable to present this defense due to suffering from postpartum depression or postpartum psychosis, or, at the time of trial or sentencing, neither was a recognized mental illness and as such, she was unable to receive proper treatment; and
        (E) evidence of postpartum depression or postpartum
    
psychosis as suffered by the person is material and noncumulative to other evidence offered at the time of trial or sentencing, and it is of such a conclusive character that it would likely change the sentence imposed by the original court.
    Nothing in this subsection (b-10) prevents a person from applying for any other relief under this Article or any other law otherwise available to her. This subsection (b-10) applies to all eligible convictions, including, but not limited to, if the judge renders the sentence based on a negotiated plea agreement. Relief under this Section allows for the modification of the length of sentence without affecting the conviction.
    As used in this subsection (b-10):
    "Postpartum depression" means a mood disorder which strikes many women during and after pregnancy and usually occurs during pregnancy and up to 12 months after delivery. This depression can include anxiety disorders.
    "Postpartum psychosis" means an extreme form of postpartum depression which can occur during pregnancy and up to 12 months after delivery. This can include losing touch with reality, distorted thinking, delusions, auditory and visual hallucinations, paranoia, hyperactivity and rapid speech, or mania.
    (c) Except as provided in Section 20b of the Adoption Act and Section 2-32 of the Juvenile Court Act of 1987, in a petition based upon Section 116-3 of the Code of Criminal Procedure of 1963 or subsection (b-5) or (b-10) of this Section, or in a motion to vacate and expunge convictions under the Cannabis Control Act as provided by subsection (i) of Section 5.2 of the Criminal Identification Act, the petition must be filed not later than 2 years after the entry of the order or judgment. Time during which the person seeking relief is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years.
    (c-5) Any individual may at any time file a petition and institute proceedings under this Section if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law.
    (d) The filing of a petition under this Section does not affect the order or judgment, or suspend its operation.
    (e) Unless lack of jurisdiction affirmatively appears from the record proper, the vacation or modification of an order or judgment pursuant to the provisions of this Section does not affect the right, title, or interest in or to any real or personal property of any person, not a party to the original action, acquired for value after the entry of the order or judgment but before the filing of the petition, nor affect any right of any person not a party to the original action under any certificate of sale issued before the filing of the petition, pursuant to a sale based on the order or judgment. When a petition is filed pursuant to this Section to reopen a foreclosure proceeding, notwithstanding the provisions of Section 15-1701 of this Code, the purchaser or successor purchaser of real property subject to a foreclosure sale who was not a party to the mortgage foreclosure proceedings is entitled to remain in possession of the property until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than 6 months.
    (f) Nothing contained in this Section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.
(Source: P.A. 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 103-403, eff. 1-1-24; 103-968, eff. 1-1-25.)

    
Notes of Decisions
Cited in 1,714 cases (690 in the last 5 years), 1993–2026 · leading case: People v. Harvey, 753 N.E.2d 293 (Ill. 2001).
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People v. Harvey, 753 N.E.2d 293 (Ill. 2001). · cites it 16× “*295 Defendant has now filed a petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 1998)), challenging his extended-term sentence on the grounds that it is void.”
Sarkissian v. Chicago Bd. of Educ., 776 N.E.2d 195 (Ill. 2002). · cites it 9× “Section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2000)) authorizes a party to seek relief from a final judgment, such as a default judgment, when brought more than 30 days after judgment has been entered.”
People v. Carrasquillo, 2020 IL App (1st) 180534 (Ill. App. Ct. 2020). · cites it 8× “1 ¶2 This appeal concerns the denial by a different trial judge of (1) defendant’s petition pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2018)) after an evidentiary hearing and (2) defendant’s motion for leave to file a successive…”
People v. Wells, 2023 IL 127169 (Ill. 2023). · cites it 14× “More than 16 years later, she filed a petition for a reduced sentence pursuant to section 2-1401(b-5) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401(b-5) (West 2016)). The State filed a motion to dismiss the petition, arguing that the petitioner was not entitled to…”
In Re Cnty. Collector, 921 N.E.2d 462 (Ill. App. Ct. 2009). · cites it 9× “Devon had filed a petition pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2006)) seeking to set aside a tax deed issued to respondent Checkmate Acquisitions, Inc.”
People v. Price, 2016 IL 118613 (Ill. 2016). · cites it 5× “OPINION ¶1 Defendant, Damen Price, filed a pro se petition for relief from judgment under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2012)), arguing that his natural life sentence for first degree murder was void.”
In re Haley D., 2011 IL 110886 (Ill. 2011). · cites it 5× “A hearing was then held on October 6, 2009, at the conclusion of which the court ruled that it would permit Ralph to challenge the default by filing a motion pursuant to section 2-1401 of the Code (735 ILCS 5/2-1401 (West 2008)), continued the matter for hearing until the…”
People v. Abdullah, 2019 IL 123492 (Ill. 2019). · cites it 4× “Civil Procedure (735 ILCS 5/2-1401 (West 2014)). 2018 IL App (2d) 150840 .”
People v. Dodds, 2014 IL App (1st) 122268 (Ill. App. Ct. 2014). · cites it 13× “OPINION ¶1 This is an appeal from the circuit court’s order dismissing a petition to vacate judgment filed by the defendant, Paul Dodds, pursuant to section 2-1401 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-1401 (West 2000)). The defendant, who was charged with…”
People v. Boclair, 789 N.E.2d 734 (Ill. 2002). · cites it 3× “735 ILCS 5/2-1401 (West 2000). Nonetheless, to allow the circuit court to dismiss summarily post-conviction petitions for failure to present evidence of actual innocence in a timely manner could lead to a miscarriage of justice.”
People v. Lawton, 818 N.E.2d 326 (Ill. 2004). · cites it 4× “He subsequently petitioned the circuit court of Pike County to obtain relief from that judgment pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2002)). As grounds for his petition, Lawton argued, among other things, that he had been denied the…”
Ford Motor Credit Co. v. Sperry, 827 N.E.2d 422 (Ill. 2005). · cites it 5× “Petitions for relief from judgments filed pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2000)) "invoke[] the equitable powers of the circuit court, which should prevent enforcement of a * * * judgment when it would be unfair, unjust, or…”
Show all 1,714 citing cases →
— 735 ILCS 5/2-1401(A) — 1 case
Baniassiadi v. Hyder, 2021 IL App (1st) 191872-U (Ill. App. Ct. 2021).
— 735 ILCS 5/2-1401(F) — 1 case
People v. Young, 2022 IL App (4th) 210376-U (Ill. App. Ct. 2022).
— 735 ILCS 5/2-1401(a) — 138 cases
In re Haley D., 2011 IL 110886 (Ill. 2011). “A hearing was then held on October 6, 2009, at the conclusion of which the court ruled that it would permit Ralph to challenge the default by filing a motion pursuant to section 2-1401 of the Code (735 ILCS 5/2-1401 (West 2008)), continued the matter for hearing until the…”
Sarkissian v. Chicago Bd. of Educ., 776 N.E.2d 195 (Ill. 2002). “Section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2000)) authorizes a party to seek relief from a final judgment, such as a default judgment, when brought more than 30 days after judgment has been entered.”
People v. Carrasquillo, 2020 IL App (1st) 180534 (Ill. App. Ct. 2020). “1 ¶2 This appeal concerns the denial by a different trial judge of (1) defendant’s petition pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2018)) after an evidentiary hearing and (2) defendant’s motion for leave to file a successive…”
People v. Lawton, 818 N.E.2d 326 (Ill. 2004). “He subsequently petitioned the circuit court of Pike County to obtain relief from that judgment pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2002)). As grounds for his petition, Lawton argued, among other things, that he had been denied the…”
People v. Thompson, 2015 IL 118151 (Ill. 2015).
— 735 ILCS 5/2-1401(a)(c) — 1 case
Klose v. Mende, 882 N.E.2d 703 (Ill. App. Ct. 2008).
— 735 ILCS 5/2-1401(b) — 118 cases
Sarkissian v. Chicago Bd. of Educ., 776 N.E.2d 195 (Ill. 2002). “Section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2000)) authorizes a party to seek relief from a final judgment, such as a default judgment, when brought more than 30 days after judgment has been entered.”
People v. Carrasquillo, 2020 IL App (1st) 180534 (Ill. App. Ct. 2020). “1 ¶2 This appeal concerns the denial by a different trial judge of (1) defendant’s petition pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2018)) after an evidentiary hearing and (2) defendant’s motion for leave to file a successive…”
People v. Abdullah, 2019 IL 123492 (Ill. 2019). “Civil Procedure (735 ILCS 5/2-1401 (West 2014)). 2018 IL App (2d) 150840 .”
Price v. Philip Morris, Inc., 2015 IL 117687 (Ill. 2015).
People v. Nitz, 2012 IL App (2d) 91165 (Ill. App. Ct. 2012).
— 735 ILCS 5/2-1401(b)(5) — 1 case
People v. Stephens (Ill. App. Ct. 2026).
— 735 ILCS 5/2-1401(c) — 210 cases
People v. Harvey, 753 N.E.2d 293 (Ill. 2001). “*295 Defendant has now filed a petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 1998)), challenging his extended-term sentence on the grounds that it is void.”
People v. Price, 2016 IL 118613 (Ill. 2016). “OPINION ¶1 Defendant, Damen Price, filed a pro se petition for relief from judgment under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2012)), arguing that his natural life sentence for first degree murder was void.”
People v. Washington, 665 N.E.2d 1330 (Ill. 1996).
People v. Chatman, 2016 IL App (1st) 152395 (Ill. App. Ct. 2016).
People v. Carrasquillo, 2020 IL App (1st) 180534 (Ill. App. Ct. 2020). “1 ¶2 This appeal concerns the denial by a different trial judge of (1) defendant’s petition pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2018)) after an evidentiary hearing and (2) defendant’s motion for leave to file a successive…”
— 735 ILCS 5/2-1401(c)(1) — 1 case
Gonzalez v. Profile Sanding Equip.. Inc. (Ill. App. Ct. 2002).
— 735 ILCS 5/2-1401(e) — 35 cases
In Re Cnty. Collector, 921 N.E.2d 462 (Ill. App. Ct. 2009). “Devon had filed a petition pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2006)) seeking to set aside a tax deed issued to respondent Checkmate Acquisitions, Inc.”
JPMorgan Chase Bank, N.A. v. Robinson, 2020 IL App (2d) 190275 (Ill. App. Ct. 2020).
PNC Bank, Nat'l Ass'n v. Kusmierz, 2022 IL 126606 (Ill. 2022).
PNC Bank, Nat'l Ass'n v. Kusmierz, 2020 IL App (2d) 190521 (Ill. App. Ct. 2020).
Mun. Trust & Sav. Bank v. Moriarty, 2021 IL 126290 (Ill. 2021).
— 735 ILCS 5/2-1401(f) — 164 cases
Ford Motor Credit Co. v. Sperry, 827 N.E.2d 422 (Ill. 2005). “Petitions for relief from judgments filed pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2000)) "invoke[] the equitable powers of the circuit court, which should prevent enforcement of a * * * judgment when it would be unfair, unjust, or…”
People v. Harvey, 753 N.E.2d 293 (Ill. 2001). “*295 Defendant has now filed a petition under section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 1998)), challenging his extended-term sentence on the grounds that it is void.”
Sarkissian v. Chicago Bd. of Educ., 776 N.E.2d 195 (Ill. 2002). “Section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2000)) authorizes a party to seek relief from a final judgment, such as a default judgment, when brought more than 30 days after judgment has been entered.”
In Re Cnty. Collector, 921 N.E.2d 462 (Ill. App. Ct. 2009). “Devon had filed a petition pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2006)) seeking to set aside a tax deed issued to respondent Checkmate Acquisitions, Inc.”
PNC Bank, Nat'l Ass'n v. Kusmierz, 2022 IL 126606 (Ill. 2022).
— 735 ILCS 5/2-1401(f)(1) — 2 cases
Nat'l Life Real Est. Holdings, LLC v. Scarlato, 2017 IL App (1st) 161943 (Ill. App. Ct. 2017).
Nat'l Life Real Est. Holdings, LLC v. Scarlato, 2017 IL App (1st) 161943 (Ill. App. Ct. 2017).
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