Illinois Supreme Court
Criminal Court
Relief from Judgment
A section 2-1401 petitioner must serve responding party with notice of petition in compliance with Supreme Court Rule 105. If respondent is not properly served, court lacks personal jurisdiction unless respondent waives service or makes an appearance. Defendant is estopped from claiming service was improper based on his own failure to comply with requirements of Rule 105. (KARMEIER, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)