Voidness case law for Illinois

Void orders result when there is no subject-matter jurisdiction.  There is no subject-matter jurisdiction when the following occurs:

Fraud committed in the procurement of jurisdiction, Fredman Brothers Furniture v. Dept. of Revenue, 109 Ill.2d 202, 486 N.E.2d 893 (1985)

A judge does not follow statutory procedure, Armstrong v. Obucino, 300 Ill. 140, 143 (1921)

Violation of due process, Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019 (1938); Pure Oil Co. v. City of Northlake, 10 Ill.2d 241, 245, 140 N.E.2d 289 (1956); Hallberg v. Goldblatt Bros. 363 Ill. 25 (1936)

Where service of process was not made pursuant to statute and Supreme Court Rules, Janove v. Bacon, 6 Ill.2d 245, 249, 218 N.E.2d 706, 708 (1955)

Where proper notice is not given to all parties by the movant, Wilson v. Moore, 13 Ill.App.3d 632, 301 NoE.2d 39 (1st Dist. 1973) Overturned order is voidable not void if there is personal and subject matter jurisdiction before order is made.

Where an order/judgment is based on a void order/judgment, Austin v. Smith, 312 F.2d 337, 343 (1962); English v. English, 72 Ill.App.3d 736, 393 N.E.2d 18 (1st Dist. 1979)

Where the public policy of the State of Illinois is violated, Martin-Tregona v. Roderick, 29 Ill.App.3d 553, 331 N.E.2d 100 (1st Dist. 1975)

“the burden of proving jurisdiction rests upon the party asserting it.” [this means that if you claim hearing and order is void, then the burden is on other party to prove that it is not void and there is subject-matter jurisdiction] Bindell v. City of Harvey, 212 Ill.App3d 1042, 571 N.E.2d 1017 (1st Dist. 1991)

“A judgment is characterized as void and may be collaterally attacked at any time where the record itself furnished the facts which establish that the court acted without jurisdiction.” In re Marriage of Stefini, 253 Ill.App.3d 196, 625 N.E.2d 358 (1st Dist. 1993)

“Courts are constituted by authority and they cannot go beyond that power delegated to them. If they act beyond that
authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are not voidable, but simply void, and this even prior to reversal.”
Vallely v. Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S.Ct. 116 (1920)

“A void judgment or order is one that is entered by a court lacking jurisdiction over the parties or the subject matter, or lacking the inherent power to enter the particular order or judgment, or where the order was procured by fraud”, In re Adoption of E.L., 733 N.E.2d 846 (Ill.App. 1st Dist. 2000)


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