The Illinois Petition To Vacate is a legal document that is used to request a court to vacate or remove a conviction from a criminal record. This document can be used by individuals who have been convicted of a crime in Illinois and wish to have their conviction vacated or removed. There are two types of Illinois Petition To Vacate: Post-Conviction and Non-Conviction. The Post-Conviction Petition to Vacate is used to vacate a conviction for which the individual has already served their sentence, while the Non-Conviction Petition to Vacate is used to vacate a conviction for which the individual has not yet served their sentence. Both types of petitions require the petitioner to provide evidence that their conviction should be vacated, such as new evidence, a change in the law, or an error in the original proceedings.
Illinois Petition To Vacate
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How to fill out Illinois Petition To Vacate?
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2-1301. Judgments - Default - Confession. (a) The court shall determine the rights of the parties and grant to any party any affirmative relief to which the party may be entitled on the pleadings and proofs. Judgments shall be in the form required by the nature of the case and by the recovery or relief awarded.
Section 2-1401 entitles a party to bring a petition to vacate a final judgment or order after the 30 day period provided for under section 2-1301(e) has expired and for two years from the date of the entry of the judgment or order. 735 ILCS 5/2-1401.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
Illinois' Post-Conviction Hearing Act allows for those convicted of a crime to seek collateral remedies, which can include requesting a new trial, correcting sentencing errors, a habeas corpus writ for ineffective assistance of counsel, or a request for a pardon (725 ILCS 5/122?1 et seq.).
In entering judgment for the plaintiff in the action, the court shall add to the amount of the judgment interest calculated at the rate of 6% per annum on the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs.
The most common post-trial motions include: Motion to set aside the verdict. Motion for a new trial. Motion to dismiss. Motion for judgment of acquittal. Motion for a trial order of dismissal. Motion for judgment notwithstanding the verdict.
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.
A default judgment occurs in Illinois civil cases when the defendant has been properly served with a complaint and summons and has failed to file an answer to the complaint by the first court date or to appear in court for the first court date.