In this article we explain motions for relief from judgment in Illinois and how to overturn a court order. We discuss:
Petitions for relief from judgment are one of many ways to overturn a court order, other options include motions to reconsider and appeals. For an overview of your options in overturning a court order, check out our article: Post-Trial Motions in Illinois Divorce.
A petition for relief from judgment can be used to overturn the final order of a court in order to prevent injustice.
In order to be successful on a petition for relief from judgment, the petitioner must show the following:
Petitions for relief from judgment in Illinois are most often filed in the following situations:
Petitions for relief from judgment may be filed within two years of the judgment order in question. However, if the new evidence in question was fraudulently concealed from the petitioner, this will delay the deadline. So will the petitioner’s disability.
If the original judgment is void because the petitioner was never properly served, the two-year deadline does not apply.
Petitions for relief from judgment, while filed with the same court that entered the original order, are technically the opening of a new case. This means that the respondent must be served by personal service. This generally means that the respondent should be served by sheriff, special process server, or certified mail with restricted delivery.