Full Text of SB3652 97th General Assembly
SB3652 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3652 Introduced 2/10/2012, by Sen. Chris Lauzen SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-1401 | from Ch. 110, par. 2-1401 |
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Amends the Code of Civil Procedure. Makes a technical change to the Section concerning relief from judgments.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 2-1401 as follows:
| 6 | | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| 7 | | Sec. 2-1401. Relief from judgments.
| 8 | | (a) Relief from final orders and and judgments, after 30 | 9 | | days from the
entry thereof, may be had upon petition as | 10 | | provided in this Section.
Writs of error coram nobis and coram | 11 | | vobis, bills of review and bills
in the nature of bills of | 12 | | review are abolished. All relief heretofore
obtainable and the | 13 | | grounds for such relief heretofore available,
whether by any of | 14 | | the foregoing remedies or otherwise, shall be
available in | 15 | | every case, by proceedings hereunder, regardless of the
nature | 16 | | of the order or judgment from which relief is sought or of the
| 17 | | proceedings in which it was entered. Except as provided in | 18 | | Section 6
of the Illinois Parentage Act of 1984, there shall be | 19 | | no distinction
between actions and other proceedings, | 20 | | statutory or otherwise, as to
availability of relief, grounds | 21 | | for relief or the relief obtainable.
| 22 | | (b) The petition must be filed in the same proceeding in | 23 | | which the
order or judgment was entered but is not a |
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| 1 | | continuation thereof. The
petition must be supported by | 2 | | affidavit or other appropriate showing as
to matters not of | 3 | | record. All parties to the petition shall be notified
as | 4 | | provided by rule.
| 5 | | (c) Except as provided in Section 20b of the Adoption Act | 6 | | and Section
2-32 of the Juvenile Court Act of 1987 or in a | 7 | | petition based
upon Section 116-3 of the Code of Criminal | 8 | | Procedure of 1963, the petition
must be filed not later than 2 | 9 | | years after the entry of the order or judgment.
Time during | 10 | | which the person seeking relief is under legal disability or
| 11 | | duress or the ground for relief is fraudulently concealed shall | 12 | | be excluded
in computing the period of 2 years.
| 13 | | (d) The filing of a petition under this Section does not | 14 | | affect the
order or judgment, or suspend its operation.
| 15 | | (e) Unless lack of jurisdiction affirmatively appears from | 16 | | the
record proper, the vacation or modification of an order or | 17 | | judgment
pursuant to the provisions of this Section does not | 18 | | affect the right,
title or interest in or to any real or | 19 | | personal property of any person,
not a party to the original | 20 | | action, acquired for value after the entry
of the order or | 21 | | judgment but before the filing of the petition, nor
affect any | 22 | | right of any person not a party to the original action under
| 23 | | any certificate of sale issued before the filing of the | 24 | | petition,
pursuant to a sale based on the order or judgment.
| 25 | | (f) Nothing contained in this Section affects any existing | 26 | | right to
relief from a void order or judgment, or to employ any |
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| 1 | | existing method
to procure that relief.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
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