United States · Illinois statutory procedure
What is the ordinary deadline for an Illinois Section 2-1401 petition?
The ordinary Section 2-1401 petition must be filed within two years after entry of the final order or judgment. The section concerns relief after 30 days. Excluded time, specified statutory exceptions, immigration-related pleas and void-order relief require separate analysis.
- Period
- Two calendar years after entry, only for the ordinary unadjusted subsection (c) period
- Trigger
- Entry of the final order or judgment from which ordinary Section 2-1401 relief is sought
- Rule
- 735 ILCS 5/2-1401(a), (b), (c), (c-5), (d), (f)
Section 2-1401 source notes P.A. 102-639, effective August 27, 2021; 102-813, effective May 13, 2022; 103-403, effective January 1, 2024; and 103-968, effective January 1, 2025.
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Which final entry and petition grounds apply?
Preserve the exact final order, its entry date and the intended petition grounds.
Confirm the requested procedure concerns relief after thirty days under subsection (a).
Investigate legal disability, duress, fraudulent concealment of grounds, statutory exceptions and any void-order contention before using the ordinary count.
735 ILCS 5/2-1401(a), (b), (c), (c-5), (d), (f)How is the ordinary two-year petition interval measured?
- Preserve the exact final order, its entry date and the intended petition grounds.
- Count two calendar years from final entry. Subsection (c) excludes time during legal disability or duress, and time while grounds for relief are fraudulently concealed. Those adjustments require facts this one-date calculation does not collect.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- File the petition in the same proceeding. Subsection (b) specifies that it is not a continuation of that proceeding. Preserve supporting affidavit or other appropriate showing for matters outside the record.
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 unadjusted two-year component after final entry. Do not use it where excluded time, a specified exception, immigration plea relief or void-order grounds change the analysis. Fictitious statutory event, independently established under the precise scope stated in this guide. Use the ordinary unadjusted two-year component after final entry. Do not use it where excluded time, a specified exception, immigration plea relief or void-order grounds change the analysis.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Entry of the final order or judgment from which ordinary Section 2-1401 relief is sought | August 2, 2025 |
| Applicable statutory period | Two calendar years after entry, only for the ordinary unadjusted subsection (c) period | August 2, 2027 |
Fictitious ordinary petition with no excluded time or special ground. This date neither suspends the judgment nor resolves the petition’s merits.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- Excluded time needs its own chronology
- Subsection (c) excludes legal disability, duress and fraudulent concealment of grounds for relief. Identify the qualifying interval; delayed awareness alone is not the stated concealment condition.
- The section lists special statutory exceptions
- Subsection (c) identifies exceptions involving Adoption Act Section 20(b), Juvenile Court Act Section 2-32, Criminal Procedure Section 116-3, subsections (b-5) and (b-10), and specified cannabis expungement relief.
- Certain immigration-related pleas have different timing
- Subsection (c-5) permits the stated petition at any time for a guilty or nolo contendere plea where the conviction has potential consequences under federal immigration law.
- Filing does not suspend judgment
- Subsection (d) states that filing the petition does not affect the order or judgment or suspend its operation. A petition is not itself a stay.
- Void-order relief is preserved separately
- Subsection (f) preserves existing rights or methods for relief from a void order or judgment. Do not apply the ordinary two-year output as a universal bar to every void-order argument.
- 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 5/2-1401(a), (b), (c), (c-5), (d), (f)
What is the ordinary deadline for an Illinois Section 2-1401 petition?
Is a Section 2-1401 petition a continuation of the original case?
It is filed in the same proceeding, but subsection (b) says it is not a continuation. Establish the petition’s procedural requirements separately.
735 ILCS 5/2-1401(a), (b), (c), (c-5), (d), (f)Does filing stop enforcement of the judgment?
No. Subsection (d) states that filing neither affects the judgment nor suspends its operation.
735 ILCS 5/2-1401(a), (b), (c), (c-5), (d), (f)Does every petition have an absolute two-year limit?
No. Subsection (c) excludes stated time and lists exceptions. Subsection (c-5) addresses certain immigration pleas, and (f) preserves void-order relief.
735 ILCS 5/2-1401(a), (b), (c), (c-5), (d), (f)Official statutory sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/2-1401(a), (b), (c), (c-5), (d), (f) | The specific statutory actor, triggering event, period and qualifications |
| 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 |