In this article...
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.
In this article, we answer the question, “what happens if new evidence is discovered after trial in Illinois?” We explain what to do if you discover new evidence after a court order is entered in Illinois. We discuss motions to reconsider and petitions for relief from judgment and compare and contrast the two.
For more on post-trial motions in Illinois, check out our article: Post-Trial Motions in Illinois Divorce.
What to Do if You Discover New Evidence After a Court Order is Entered in Illinois
Either option will require the person seeking to overturn the judgment to show:
The motion should demonstrate:
- That the new evidence would be material to case, meaning that it would change the court’s ruling; and
- That the movant was not aware of the evidence at the time of trial through no fault of his or her own.
Motions to Reconsider Based on New Evidence
Motions to reconsider may be filed within 30 days of the order in question if new evidence is discovered after trial.
The trial court has discretion as to whether to grant a motion to reconsider. Motions to reconsider do not require new service of process upon the respondent.
For more on motions to reconsider, check out our article: Motions to Reconsider in Illinois.
Petitions for Relief from Judgment Based on New Evidence
Petitions for relief from judgment must be filed within 2 years of the judgment in question. This deadline may be extended if the person filing the petition is under legal disability or duress, or if the grounds for the petition were fraudulently concealed from the petitioner.
Unlike a motion to reconsider, a petition for relief from judgment require service of process upon the respondent.
What to Expect From a Consultation
The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.