Asked about 1 year ago - Chicago, IL

What's a 1401 petition?

Attorney answers (5)

  1. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree

    Answered . Your question is set in the wrong practice area. If 1401 motion is a motion to vacate it higher order of court more than 30 days after entry.

  2. Luke D. Kazmar


    Contributor Level 14


    Lawyers agree

    Answered . Motion to amend/vacate judgment filed after 30 days but before 2 years...sometimes longer--2 years from date on which the basis for amending (fraud of opposing litigant, for example) was brought to light.

    2 elements to be pled and proven are DUE DILIGENCE + MERITORIOUS CAUSE/DEFENSE.

    The closer you are to the 30 days the better.

    A plethora of uses for this procedural tool in any form of litigation--focus is not so much on what field of law it is applied to...focus is to apply procedural rules toward securing justice.

    A 1401(f) motion to vacate has no time time limit as the challenged order was entred without jurisdiction...the judgment can be vacated at any time, in any manner & in any court.

    Powerful stuff.

    The author provides the preceding information as a service to the public. Author's response, as stated above,... more
  3. Veronica Tunitsky

    Contributor Level 18


    Lawyers agree

    Answered . Never heard of it. In what context is this?

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  4. Robert Thomas Kuehl


    Contributor Level 13


    Lawyer agrees

    Answered .

    Robert T. Kuehl
    Kuehl Law, P.C.
    Chicago, Illinois

  5. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . There is no 1401 petition in immigration.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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