2-1401 Petition for Relief from Judgment

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Although it is in the code of civil procedure, a criminal defendant can file a petition for Relief from Judgment pursuant to 735 ILCS 5/2-1401, commonly called a 2-1401 petition. A 2-1401 Petition for Relief from Judgment is intended to bring facts to the attention of the trial judge which were not known at the time judgment was entered, and, if known, would have prevented the entry of that judgment.

A 2-1401 Petition for Relief from judgment must be filed within two years from the date of the entry of judgment, with two exceptions. First, the two-year filing period does not apply when the person seeking relief is under legal disability or duress. Second, the two-year filing period for a 2-1401 Petition for Relief from Judgment does not apply if the basis for the relief had been fraudulently concealed. Since a 2-1401 Petition for Relief from Judgment is, by definition, based on facts not appearing in the trial record, the petition must be supplemented with an affidavit or other additional evidence.

The petitioner must demonstrate: 1) meritorious defense to the charges; 2) diligence in presenting the defense; and, 3) diligence in filing the petition. The petition is filed in the same court that entered judgment, and the decision whether to grant or deny a 2-1401 Petition for Relief from Judgment lies within the sound discretion of the court.

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