Legal Memorandum: Appellate courts review a denial f a motion to vacate for an abuse of discretion

Issue: Under Illinois law, what is the standard of review applied to a trial court’s denial of a motion to vacate?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Standard of Review; Motion; Denial; Vacate; Abuse; Discretion; Judgement
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

The review of a trial court’s denial of a motion to vacate is for an abuse of that discretion. See Aurora Loan Services, LLC v. Kmiecik, 2013 IL App. (1st) 121700, ¶ 26. A trial court abuses its discretion when it "acts arbitrarily without the employment of conscientious judgment or if its decision exceeds the bounds of reason and ignores principles of law such that substantial prejudice has resulted." Marren Builders, Inc. v. Lampert, 307 Ill.App.3d 937, 941 (1999).

Wells Fargo Bank, N.A. v. Hansen, 2016.IL.143720 (Ill. App. Dist. 1 2016).

Date: March 1, 2016