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You Snooze, You Lose Under Section 2-1401

01 May 2003

Section 2-1401 of the Illinois Rules of Civil Procedure allows a party to file a motion to vacate a judgment that is brought more than 30 days after judgment is entered. The Appellate Court of the First District found that the filing of a section 2-1401 petition is a new proceeding rather than the continuation of an old one; therefore, a section 2-1401 motion must be initiated within the statute of limitations of the lawsuit. In this case, where the alleged injury occurred on June 4, 1997, a section 2-1401 petition brought in March of 2001 was not within the applicable three-year statute of limitations of the Federal Employers™ Liability Act. Hence, the 2-1401 petition was properly denied. Kulhavy v. Burlington Northern Santa Fe Railroad, No. 1-02-1973, 785 N.E.2d 928, 271 Ill.Dec. 734 (1st Dist. Feb. 7, 2003).


Contact:   Michael J. Scotti III


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