United States · Illinois statutory procedure
When must I move to set aside an Illinois final judgment under Section 2-1301(e)?
A motion under Section 2-1301(e) to set aside a final order or judgment must be filed within 30 days after entry. The court decides whether to grant relief on reasonable terms. A nonfinal default and the special publication-service procedure have different conditions.
- Period
- 30 calendar days after entry of the final order or judgment
- Trigger
- Entry of the final order or judgment targeted by the Section 2-1301(e) motion
- Rule
- 735 ILCS 5/2-1301(e), (f), (g)
Section 2-1301 source note P.A. 83-707.
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Has the court entered a final judgment?
Obtain the entered order and independently establish that it is final.
Use the entry date, not the date you learned of the judgment or a hearing date.
Identify whether the request concerns an earlier nonfinal default or the publication-service branch in subsection (g).
735 ILCS 5/2-1301(e), (f), (g)How is the final-judgment motion period counted?
- Obtain the entered order and independently establish that it is final.
- Exclude final judgment entry and count 30 calendar days. The nonfinal-default limb permits relief before final order or judgment and supplies no separate thirty-day starting event.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- File the motion identifying the final order and requested relief. Preserve the court file mark and the actual ruling. Relief remains within the court’s discretion.
Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.
5 ILCS 70/1.11What does an independently derived example show?
Fictitious example
Use the ordinary Section 2-1301(e) final-judgment motion period. Establish finality and the actual entry date. This does not decide entitlement to vacatur. Fictitious statutory event, independently established under the precise scope stated in this guide. Use the ordinary Section 2-1301(e) final-judgment motion period. Establish finality and the actual entry date. This does not decide entitlement to vacatur.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Entry of the final order or judgment targeted by the Section 2-1301(e) motion | July 3, 2027 |
| Applicable statutory period | 30 calendar days after entry of the final order or judgment | August 2, 2027 |
Fictitious final judgment. This computes timely motion filing, not whether the court grants relief or whether another party’s judgment remains effective.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- Timeliness does not establish successful relief
- Subsection (e) permits the court to set aside the final order or judgment on reasonable terms and conditions. The computed date does not determine whether the grounds justify relief.
- A nonfinal default uses a different limb
- The court may set aside a default before final order or judgment in its discretion. Do not assume every default entry already starts the final-judgment thirty days.
- Joint judgments can be addressed by fewer parties
- Subsection (f) allows the joint final order or judgment to be set aside as to fewer than all parties. The judgment can remain effective against other parties.
- Publication service has distinct qualifications
- Subsection (g) provides a separate procedure for the stated publication-service circumstances. Its ninety-day written-notice or one-year judgment timing must not replace the ordinary (e) clock without its prerequisites.
- A later petition requires separate analysis
- Section 2-1401 addresses relief after thirty days and includes special grounds, excluded time and void-order protections. Its ordinary two-year interval is not an extension automatically added to this motion.
- This calculation does not determine whether relief is available or whether the facts satisfy the statute.
- A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.
What must be completed and preserved?
Questions about 735 ILCS 5/2-1301(e), (f), (g)
When must I move to set aside an Illinois final judgment under Section 2-1301(e)?
Does receiving notice of judgment start the ordinary thirty days?
No. Section 2-1301(e) uses entry of the final order or judgment. Subsection (g) contains a distinct written-notice rule for qualifying publication-service circumstances.
735 ILCS 5/2-1301(e), (f), (g)Does a timely motion guarantee that the default is set aside?
No. The statute makes relief discretionary and permits reasonable terms and conditions.
735 ILCS 5/2-1301(e), (f), (g)Can I simply add the Section 2-1401 two years to this deadline?
No. That petition has different grounds and procedure. Establish its applicability and exceptions separately.
735 ILCS 5/2-1401Official statutory sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/2-1301(e), (f), (g) | The specific statutory actor, triggering event, period and qualifications |
| 735 ILCS 5/2-1401 | Specific statutory qualification referenced in the guide |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |